TRIPLE TALAQ

WHAT IS A TRIPLE TALAQ ?

Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can severe all marital ties with his wife. Under the Muslim law, Triple Talaq means liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word ‘talaq’ three times, ends his marriage. This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.

The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the practice of Triple Talaq which gave a Muslim husband special privileges over his wife.

WHAT DOES THE QURAN SAY?

The message within the Quranis incredibly explicit about divorce. It leans more towards safeguarding marriage rather than dissolving it abruptly. The Quran sets certain norms to execute divorce, even as there are norms to sanctify marriage. Those who intend to divorce their wives shall wait for four months.” The Islamic scripture demands time and patience in executing a divorce in the hope of continuing the union, knowing that the couple is bound to have differences.

HISTORY OF TRIPLE TALAQ:

This divorce is one of the 1300 year old custom among Muslims, especially Sunni Muslims. In India, according to the 2011 census, this divorce practice affects about 8% of the Indian women population, especially women over 60 years of age.It comes under personal law by Indian Muslims.

Triple talaq is the practice of divorce under Sharia law. As per Islamic, law, in general, there are different types of Talaq for men and women. For men, under Islamic law, there are three types of divorce namely Talaq-e-Biddat (triple talaq), Hasan and Ahsan. The major difference among these divorces is that the triple talaq is irrevocable whereas the other two are revocable. Triple Talaq is an instant divorce whereas the other two takes some time and is not instant.

In the case of women, there is a traditional known as “khula” i.e allowing a woman to divorce her husband through mutual consent of the husband or a judicial decree. Its reference is also available in the Holy Quran or Hadees. Hadees is known as the sayings of Prophet Mohammed.

WHAT IS THE TRIPLE TALAQ LAW?

Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq a criminal offence.

The Rajya Sabha passed the Bill, with 99 votes in its favour and 84 against it. The Triple Talaq law makes the instant triple talaq a criminal offence and provides for a jail term of three years for a Muslim man who commits the crime.

The law also makes Triple Talaq a cognisable and non-bailable offence. Introduced in the Lok Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill replaced an Ordinance promulgated on February 21, 2019.

As the Bill was pending for consideration in the Rajya Sabha and the practice of Triple Talaq divorce system was continuing, there was an urgent need to take immediate action to prevent such a practice by making strict provisions in law.The Supreme Court considered Triple Talaq unconstitutional as it is against gender law and against the principle of equality as a fundamental right per the Constitution and it is not fundamental to the faith of Islam in India.

In 1985, a woman named Shah Bano
fought a case in the Supreme Court
against her husband after he left her
without giving her any alimony. The
apex court ruled in her favor.

TRIPLE TALAQ VOID AND ILLEGAL:-

According to Clause 3 in Chapter 2 of the Bill, “any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal”.

PUNISHMENT FOR PRONUONCING TRIPLE TALAQ:-

The Clause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine”.

According to Clause 7 (c) in Chapter 3, “No person accused of an offence punishable under Triple Talaq law shall be released on bail after the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq was pronounced, is convinced that there are reasonable grounds for granting bail to the accused”.

CONCLUSION:-

Getting respect is a fundamental right of every individual. One of the most important conclusions to be drawn through the abolishing of the Triple Talaq Bil is that no Muslim will face such discrimination and injustice in their life in future.

The practice of Triple Talaq has always been seen as a controversy by the entire world, but there are a major of Muslim countries like Saudi Arabia, Pakistan, Indonesia, Turkey who has discontinued the practice of Triple Talaq, a long time ago. Importance and role of Muslim clerics are very important in the implementation of the Triple Talaq Bill.

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