CONCEPT:-
Muslim marriages unlike Hindu marriages are in the nature of a contract and are governed by their personal law. Parties to such marriage can at anytime step away from the matrimonial obligations by pronouncing a talaq as per their personal law. Under the Muslim law the wives cannot divorce their husband on her own accord, she can only give a divorce only if her husband has delegated her right to do or that under an agreement. However the legislature has extended statutory rights to Muslim women to give divorce to their husbands under the Dissolution of Muslim Marriages Act 1939.
Therefore there can be two broad categories under which the divorce/talaq under Muslim Law can be divided. They are:
1. Extra Judicial Divorce or Talaq under Muslim Personal/Classical Law.
2. Judicial Divorce or Talaq under Statutory Law.
WHAT IS TALAQ?
Talaq means to repudiate or reject the marriage under Muslim Law or a release of matrimonial obligations immediately or eventually. It is an islamic word for divorce, it means seperating and breaking of the marriage, although the muslim marriage is a civil contract, but the husband enjoys special privileges over the wife.
PROCEDURE OF TRIPLE TALAQ(A.K.A TALAQ-UL-BIDDAT):-
The husband may make three pronouncements in a period of purity (Tuhr) saying: “I divorce thee, I divorce thee, and I divorce thee”. He may declare his triple Talaq even in one sentence saying: “I divorce thee thrice”, or “I pronounce my first, second and third Talaq.” It becomes irrevocable immediately when it is pronounced and subsequently the wife observes the iddat period
(IDDAT PERIOD:-It is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man)
CASE
However it is to be noted that talaq-ul-biddat has been declared unconstitutional by the Hon’ble Supreme Court in Shayara Banu vs union of India (2017) 9 SCC 1 in which the court held that “that this form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the 393 fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the 1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq.
Position of Triple Talaq:-
There are more than 22 Countries (Islamic states) in the world who declared the practice of triple talaq null and void. Why was it not banned in India before the landmark case of Shayara Banu vs Union Of India. The answer for this is simple, POLITICS.As India is a Secular state and not an Islamic state despite of it India is also a male dominant State where majority of lawmakers are men. Also, Indian government doesn’t want to interfere in the Muslim laws as it is solely based on Quran and its practice.
CONCLUSION:-
1400 years old practice comes to an end. The 1400 years of unjustness towards women came to an end through the Shayara Banu case,Subsequently the Government of India has passed a law banning triple talaq and punishing any husband who pronounces triple talaq with imprisonment upto 3 years.
