Muslim marriages are based on a contract and are not the same as Hindu marriages. In a Muslim marriage, the wife does not have the right to divorce her husband unless the power has been assigned to her by the husband or has been agreed upon. By declaring triple talaq, a Muslim husband can divorce his wife at any moment and separate them. Their personal law is in charge of this. The Dissolution of Marriage Act of 1939, on the other hand, has given Muslim women statutory rights to divorce their husbands.
DISSOLUTION OF MARRIAGE UNDER MUSLIM LAW BY HUSBAND
Husbands have the right under Muslim law to declare divorce in the following way:
The term “Sunnat” refers to something that follows tradition.
The term “Ahsan” means “extremely pure or excellent” in Arabic.In this case, the husband pronounces the word Talaq once and then observes the “Iddat Period,” which is a three-month or 90-day period. If both parties reach an agreement or reconciliation or arbitration happen during the 90-day period, the Talaq will be revoked and the marriage will continue to be legal. This is most approved form of Talaq.
The word “Hasan” means “good.” In this case, the husband must say Talaq three times in a row. In this case, the husband must say Talaq three times in a row. There is also a 90-day waiting period before pronouncing Talaq in the third month, and if the parties reach an agreement, the marriage will be regarded legitimate and the talaq will be cancelled.
The term “biddat” means “innovation.” This is often referred to as “TRIPLE TALAQ.” In this case, the husband can say TALAQ three times in a row: “TALAQ TALAQ TALAQ.” And then this marriage ends abruptly. There is no time limit for arbitration, reconciliation, or settlement under this type of Talaq. In this case, the husband can declare a Talaq in any form, such as WhatsApp, Facebook, or e-mail, and the marriage will be dissolved as a result.
SHAYARA BANO V. UNION OF INDIA
- In this case Shayara Bano and Rizwan Ahmad were married couple from past 15 year.
- In 2016, Rizwan Ahmad gave Triple Talaq or TALAQ-E-BIDDAT to Shayara Bano.
- Against this Shayara Bano files writ petition in Supreme Court to hold three practices Nikah Halala, Polygamy, Instant Triple Talaq – unconstitutional as they violate Article 14, 15, 21 and 25 of the constitution.
- Is practice of Triple Talaq is violative of Fundamental Right?
- Is instant triple talaq is an essential religious practice of Islam?
OBSERVATION AND DECISION OF THE COURT
In February 2017, Constitutional bench was set up by Supreme Court of India. Chief Justice Khehar and Chief Justice Nazeer stated that triple talaq practice is a part of Muslim personal law and Article 25 have given right to religion to every citizen of India, these practices are protected under this Article, therefore Supreme Court cannot interfere in these practices. Justice Nariman and Justice Lalit said that whether there are any laws of before constitution or after constitution, they all must be in consistent with Fundamental Rights. Justice Joseph said, practice of instant triple talaq is Un-Islamic. And this not essential religious practice of Muslim personal law. By majority Supreme Court declared this practice of instant triple talaq as illegal.
MUSLIM (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
This statute makes the practise of immediate triple talaq illegal. This law was enacted to safeguard Muslim women from the exploitation of Muslim males.