TRIPLE TALAQ

TRIPLE TALAQ

What is Talaq?

TALAQ is an Islamic word which is used for divorce, in simple words it is dissolution of marriage, in which the husband severe all his marital bonds or ties with his wife. Types of talaq under Muslim law:

  • By Husband- Talaq-Ul-Sunnat, Talaq-Ul-Biddat, Ila, and Zihar.
  • By Wife- Talaq-i-Tafweez, Lian and Khula.
  • My Mutual Agreement- Mubarat.
  • Judicial proceedings.

In this article we are going to discuss about Triple talaq:

TRIPLE TALAQ is also known as “talaq-e-biddat”, in this kind of talaq, Muslim man got special privilage in which he can get immediate divorce from his wife without her consent just by uttering “talaq” 3 times and it’s done. It is that simple, no procedure, nothing just three words and the marriage is dissolved. And it has been legalized by the Muslim law (shariat).

In the case shayara Bano v. Union of India it was held by the five judge bench that the practice of triple talaq was unconstitutional. And so, a bill was passed by the Indian parliament that is “triple talaq bill” or we can say Muslim Women (Protection of rights on marriage) bill, 2019 to make instant triple talaq a criminal offence. And it was celebrated as a great move towards equality for Muslim women as it ended the inequality and indignity carried out against them by the males.

So, if we see the timeline:

  1. In August 2017- SC declared Triple Talaq as illegal.
  2. Repetitive instances of violence remain all over in India.
  3. In December 2017- Lok sabha passes Muslim (protection of Rights of women on marriage) bill 2017- lapsed in Rajaya sabha.
  4. In September 2018- cabinet clears ordinance.
  5. Finally, in July 2019- Bill passes in Lok sabha and Rajaya sabha and receives assets of president.

Important provisions of the bill:

  • The act declares Triple Talaq to be void and illegal (whether in electronic form or written or verbal) under clause 3 chapter 2 of the bill.
  • It makes Triple Talaq a cognizable offence with imprisonment upto 3 years with fine.
  • Only the women (married women) against whom Talaq has been declared or any person related to her by blood or marriage can file the case on her behalf.
  • Bail may be granted by the magistrate but only after hearing the women and then, if the magistrate thinks that there are reasonable grounds for granting the bail.
  • Offence can be compounded by the magistrate on the request of the women.
  • The Women are entitled to seek subsistence allowance for herself and her dependent children.
  • Also the Women are entitled to seek custody of her minor children given under clause 6 chapter 3 of the triple talaq bill.

In my opinion it was a historic judgment and this should be done long ago just like sati pratha, untouchability and homosexuality. Although, this had created great violence and controversies but in my opinion it have given the Muslim women protection from the injustice they were facing and it gave them confidence that the government have their back.

 

 

 

 

pratibha.chaudhary

Law student

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