All about triple talaq

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INTRODUCTION:

Triple Talaq, also known as talaq-e-biddat  which means instant divorce. It is a form of Islamic divorce used by Muslims in India to end the ties of marriage.

Historically, the principles of divorce were administered by the Sharia, as deciphered by customary Islamic law, even though they varied relying upon the lawful school. In Modern Times, as close to personal status (family) laws were systematized. They, for the most part, stayed inside the orbit of Islamic Law, however, authority over the norms of divorce moved from traditional jurists to the state.

Triple Talaq is a form of divorce practiced in Muslims whereby the husband can give divorce to his wife by pronouncing Talaq three times. At the time of pronouncing the talaq, the presence of wife is not required; she can be given Talaq without giving a valid reason to her. The expression “Talaq” alludes to the repudiation of marriage by the husband under Muslim law. The act of triple Talaq has been prevailing since the old times in India.

Triple Talaq is an age-old practice among Sunni Muslims. This practice is not referenced in the Quran and the Sharia law. According to the Quran, marriage is planned to be unbounded in time the connection between the companions ought to be founded on affection and the significant choice concerning the two life partners should be made by mutual consent. At the point when the matrimonial harmony can’t be accomplished, the Quran permits and encourages the life partner to finish the marriage in spite of the fact that this choice isn’t to be taken lightly and the community is called upon to intercede by arbitrators from two families to endeavor a compromise. The Quran sets up two further means to maintain a strategic distance from rushed separations, it prescribes two waiting periods of three months prior to the separation so as to give the spouse time to rethink his choice, and a man who makes a vow not to have sex with his significant other, which would lead to automatic divorce, is allowed a four-month term to break his vow.

SAYINGS OF QURAN ABOUT TRIPLE TALAQ:

Talaq is a right given to men by Islam to separate from his significant other if the marriage can’t be continued for some reason. It is like khula, a right that provides to a Muslim woman to separate from her better half if she feels they can’t live together happily. 

The triple talaq doesn’t mean saying or informing ‘talaq’ three times and making an end to the marriage. But it means that the individual needs to wait for a time of three months of a year. Within the stipulated time if there is change as a top priority or the concerned issue is settled commonly, they sure can proceed with the marriage. 

There is genuine disarray nowadays (particularly in India) among both Muslim and Non-Muslim individuals concerning talaq. It can never be said thrice at one.

SITUATION OF MUSLIM WOMEN IN INDIA:

In India the situation of Muslim women is extremely depressing. Women have been socially, financially, physically, mentally and explicitly abused and exploited now for the sake of religion and some time by the traditions and customs.

The minority area does qualitatively transform women’s involvement and recognition in a particular manner and change in their status and job is integral to understanding the development of the community. Since Muslims are in minority in India, their women’s position is far more detestable because there is an endeavor to protect the community identity that Muslim women to participate in development processes. As pointed out in one investigation, that majority i.e., 69.75 percent of Muslim women would prefer not to teach their little girls after their completion of primary education. Further many middle-class ladies who have essential capabilities are not permitted to look for work since ‘respect of community’ likely to get smeared. This has brought about the general backwardness of Muslims and especially Muslim women in India.

CASE STUDY:  Shayara Bano v. Union of India & Others.

Mrs. Shayara Bano of Allahabad, who was separated from her husband through Triple Talaq filed a writ under article 32. In her submission, she wrote “This practice with regards to Talaq-E-Biddat (one-sided Triple-Talaq) which treats women like asset is neither agreeable with the advanced standards of human rights and sexual orientation equity, nor a fundamental piece of Islamic confidence, as indicated by different noted researchers. Muslim women have been given Talaq over Skype, Face book, and even instant messages. There is no protection against such arbitrary divorce. Muslim women have limited options while the guillotine of separation dangles unendingly prepared to drop at the impulses of their spouses who appreciate undisputed power.”She likewise referenced that the governing body has neglected to guarantee the nobility and uniformity of women by and large and Muslim women particularly when it concerns matters of marriage, divorce, and succession.

She asserted that they abused a few basic rights under the Constitution of India (Constitution) to be specific, Articles 14 (equality before the law), 15(1) (prohibition of discrimination including on the ground of gender), 21 (right to life) and 25 (\freedom of religion). Her request underscored how security against these practices has significant ramifications for guaranteeing a life of dignity.

HELD: In this case court mainly focused on the Triple Talaq and set aside the practice of Triple Talaq. Supreme Court by the majority of 3:2 held instant triple talaq (talaq-e-biddat) unconstitutional under Article 14 read with Article 13(1).

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018:

The practice of Triple Talaq was continued in spite of the SC striking it; the government provided a law to make the practice illicit and void. 

The arrangements of the statute are as per the following: 

  • According to Section 4 of the ordinance, any husband who pronounces triple talaq to his wife shall be punished with 3 years imprisonment and fine.
  • According to Section 3 of the ordinance, practice of Triple Talaq in any form shall be explicit and void.
  • Section 5 of the ordinance makes arrangement for maintenance to spouse upon whom such Talaq has been articulated as chosen by judicial magistrate first class. 
  • Section 7 declares the offense to be cognizable and non bailable. Complaint might be made to the police officer by such women upon whom such Talaq has been articulated or by any individual identified with her by blood. 
  •  The offense under this law has been caused compoundable on the request of spouse and accused can be given only after hearing such wife. 

The said law could be abused by Muslim ladies and they can utilize it as an apparatus against the spouse notwithstanding when husband has not done anything. This law does not accommodate any examination concerning the certainties whether Triple Talaq has truly been articulated.

The Muslim Women (Protection of Rights on Marriage) Bill, 2019:

After the expiration of triple talaq ordinance of 2019  on 29 August 2019, government on 21st June, 2019 introduced a fresh bill in the Lok Sabha to replace this ordinance.

On 25th July 2019 the bill was passed by Lok Sabha and it was passed by Rajya Sabha on 30th July 2019 with 99 to 84 votes.

This Muslim Women (Protection of Rights on Marriage) Bill will now go to the President of India Mr. Ram Nath Kovind for his assent. And ones it gets it assent from the president it will replace the ordinance promulgated in February.

CONCLUSION:

It has been a major win for the Modi Government after the Triple Talaq bill was passed by the Rajya Sabha on 30th July 2019. Many countries like Bangladesh, Pakistan, and Indonesia have outlawed this practice; there was no reason for a democratic and secular country India to continue this lopsided practice. This bill is introduced to protect the rights of Muslim women and to stop and ban the ill practice of Triple Talaq.

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