What is Triple Talaq Law?

This article is totally discussing about the women in society and their position and status in struggling for their rights since ancient time. it also explains about the divorce in specifically Islam, talaq-ul-biddat; triple talaq its important in Islamic law and Islam and how it equally perilus by the Quran as well. In India triple talaq is now unconstitutional in recent judgement and also an ordinance has been passed for it. 

triple-talaq-act

Introduction

Talaq is an Arabic word which means divorce . So it is a way of dissolution of marriage and  divorce in current Era is acceptable in all the form of societies and religion and its recognition through a law. Divorce  is varying from religion to religion some where it is used by the legal procedures and somewhere have been their own religious customs and traditions to dissolve the matrimonial bonds.

History of Triple Talaq

The divorce is 1300 years old practice among Muslims, especially in Sunni Muslims. The practice of talaq-e-biddat is said to be around Calif Umar period. In India according to the 2011 census,  divorce practice effects 8% of women in India especially about the age of 60 years old women and it comes under the personal law by Indian Muslims . Triple talaq under Sharia law which is also known as Islamic law is a practice of divorce. 

The Muslim personal law(Shariat law) in 1937 is governed to the Muslims family affairs. In traditional Islamic jurisprudence, triple talaq is officially refused to agree to, but legally valid form of divorce.The Ulama known as class of Muslim legal scholars interpreted the sharia openly. The ulama of  Hanafi sunni believed that  this form of divorce is binding and it  provided the pronouncement should made in front of Muslim witnesses and letter on confirmed by a sharia court. 

What is Tripal Talaq Law?

Talaq is an  Islamic word for divorce which means dissolution of marriage in Muslim man who is severe from all the marital rights with his wife . So under the Muslim a law triple talaq simply means to free from the relationship of marriage and where a man simply utter the word 'talaq' three times and ends his marriage. The instant divorce which is called the triple talaq also known as 'talaq-e-biddat'.

 The Muslim personal law(shariyat) application act in  1937  had legalized and also allowed the practice of triple talaq and gave a special privileges to Muslim husband  over his wife. Triple talaq means a divorce which is instant and irreversible. This triple talaq system is followed by an Indian Muslims and also the people who followed the Islam from different countries and religion. The Talak-ul-bidda which came onto  vogue during the second century of Islam which has two forms- 

1. The triple pronouncement a divorce which is made in a period of 'tuhr'  either in one sentence such as 'I divorce thee' or it may  in three sentences like "I divorce thee", "I divorce thee", "I divorce thee".  And  on the third pronouncement the marriage dissolved completely. 

2. In  a single irrevocable pronouncement a divorce which made in period of 'tuhr' and  in this form of talaq husband may say  to his wife that I have divorced thee in talaq-ul-bidda form.

Once it is spoken the the relationship between the husband and wife stands void. And  the divorce is applicable in both the forms whether it is in oral or written form . In most recent time digital formats like sending over mail WhatsApp is also valid.

In this form of talaq also remarriage can be taken place only when the wife undergoes in intermediate marriage as in 'Hasan talaq'  and in Quran the relationship between the spouse must be based in the form of the love and if matrimonial relationship harmony cannot be achieved goal then the Quran allows to dissolve that marriage . 

A 'fatwa' which has pronounced that Indian Muslim should not take recourse to this form of divorce and talaq-ul-biddat is not recognised among the shia Muslim.

India's situation before and after the Shayra Bano Case

Till now over 22 countries including Pakistan and Iran have abolished triple Talaq system but in India it is very difficult to change the Muslim personal law especially when it comes under the matter of religious minorities and here sentiment plays a very important role in making decisions.

The landmark judgement passed by the Honorable Supreme Court of India in the case of Shyara Bano vs. Union of India, 2017

In this case the practice of triple Talaq declared to be unconstitutional by the Supreme court of India after a protracted battle fought by a Muslim women . In the final judgement passed on 22 August 2017, which consists of five judges bench and pronounced by 3:2 majority and declared that Triple Talaq or Talaq-e-biddat is unconstitutional because they violate the article 14,15, 21,25 and 32 of the constitution of India and also section 3,4,5,6 and 7 of Muslim women( protection of rights on marriage) Act 2019.  

The bench also held that the practice is violating article 14 of the constitution because the Muslim men who holds the ultimate power and women have not given the right in this regard. So the court also struck down the relevant part of section 2 of the act 1937 under article 13(1) of the constitution of India.

Triple Talaq Bill

As there was much noise against the Triple Talaq practice by the male population in Islamic culture. This Triple Talaq system a Talaq-e-biddat has been seen as a dominating power of men over women from a long period of time and it goes against the article 14 of Indian constitution which talks about the right of equality and women's empowerment among Muslim women population of the country. 

It was the time when the prime minister Narendra Modi had started a campaign for the Uttar Pradesh state election in 2017 where the Muslim women have raised their voice and concerned to abolished The Triple Talaq practice and then Central Government start working and finding the solutions to the problem of such women. On 22 August 2017 the Supreme Court of India has declared the triple Talaq practice as a unconstitutional and many social, religious and legal observation have been produced against the Triple Talaq practice . And now the Triple Talaq bill is officially called as the Muslim women( protection of right on marriage) Bill. This is based on the atrocities which is faced by the Indian Muslim women and judgement given by supreme court and then triple Talaq bill has been produced in the parliament just to avoid the practice of triple Talaq by a Muslim man in India and bill was passed in the Indian parliament in December 2018 and finally passed by both the house means Rajya Sabha as well as Lok Sabha on 30 July 2019. 

And from the date of 1 August 2019 it becomes a law and make it very clear that if  now triple Talaq divorce is given in the form of verbal,written or oral and digital or in any form it will be a crime. And now this bill has criminalize the instant triple Talaq if someone seems to be violate this law then that person will be punishable for 3 year for imprisonment of 3 year with fine and in such a situation a Muslim women is entitled to seek allowance from her husband for herself and her dependent children.

Conclusion

I have concluded myself that this article considering the social and religious historical background of India and it has patriarchal society in which women are living with the aim of having a good house wife caring and maintaining of her children and always work according to the husband as told to every woman by her parents. Just imagine the world like this where we talk about the equality,women empowerment but unfortunately we can't do anything for women. 

As we know that according to the need of the society or the welfare of the society, the parliament should make the law according to need of society. There is always a need for amendment in law. There is still a large number of women who are suffering even the Supreme Court of India has passed the judgement and criminalize the instant triple Talaq bill this is because of the lack of Legal education in the society.

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