What Is Triple Talaq?
Triple Talaq, also known as talaq-e-biddat (instant divorce), is a form of divorce under Sharia law (Islamic law). Divorce in Islam is of various types, the theory and practice of which have diversified according to time and place. Muslims in India, especially those that are adherent of Hanafi (One of the 4 Sunni Islamic Schools of jurisprudence), have used this form of divorce. According to Triple Talaq, any Muslim man can legally separate from his wife by stating (Orally, in Writing or as in recent cases, Electronic form) the word ‘Talaq’ (Arabic for Divorce) three times. Talaq al-biddat reflects pre-Islamic divorce customs rather than Quranic principles.
The Triple Talaq law gave Muslim men the right to arbitrarily divorce their wives without any valid reason.
According to a study, the women have unequivocally voiced their dissent against the Discriminating practice of Triple Talaq, with 92% of them in favour of it being banned.
The Supreme Court has described instant triple talaq as the "worst form of marriage dissolution". The law has already been banned by more than 20 Muslim majority countries, including Pakistan and Saudi Arabia.
Terming Triple Talaq a Criminal offence goes against the characteristics of our Fundamental Rights according to Article 25 and 26, the freedom of religion.
The Triple Talaq Bill
The Bill formulated against the Triple Talaq was called The Muslim Women (Protection of Rights on Marriage) Bill, 2017. Passing smoothly in the Lok Sabha due to the Majority of BJP, the Bill faced resistance in the Rajya Sabha. It was eventually passed on 30th July 2019.The Bill states :
- A jail term of 3 years for a Muslim man pronouncing Instant Triple Talaq (Pronouncing ‘Talaq’ three times in one sitting). Bail can be granted by a magistrate after the aggrieved woman has been heard.
- The divorced woman is entitled to seek custody of minor children.
- A woman divorced through Triple Talaq is entitled to demand maintenance for her and her dependent children. Subsistence of which is decided by the magistrate.
- The triple talaq bill also provides scope for reconciliation without undergoing the process of Nikah Halala (a practice under which a divorced Muslim woman has to marry another man and consummate the marriage and get a divorce. Only then can she be eligible to remarry her former husband) if the two sides agree to stop legal proceedings and settle the dispute.
- The Supreme Court had declared the practice of Instant Triple Talaq unconstitutional and a divorce pronounced by uttering talaq three times in one sitting void and illegal.
A Step Towards Gender Equality.
Article 14 (Right to Equality) and Article 15(1) of our Constitution states that there shall be no discrimination against any citizen based on gender, race, etc. Triple Talaq is against the constitutional principles as it is biased against the interests of women.The Triple Talaq law gave Muslim men the right to arbitrarily divorce their wives without any valid reason.
According to a study, the women have unequivocally voiced their dissent against the Discriminating practice of Triple Talaq, with 92% of them in favour of it being banned.
The Supreme Court has described instant triple talaq as the "worst form of marriage dissolution". The law has already been banned by more than 20 Muslim majority countries, including Pakistan and Saudi Arabia.
The Real Controversy & Conflicts With The Indian Law
- The banning of a traditional Sharia Law is inferred by the religious groups as an obstruction in the religious aspects of the minorities.
- Divorce is a civil matter. Declaring Triple Talaq as a criminal offence creates an irregularity in the criminal jurisprudence.
- The Supreme Court had declared Instant Triple Talaq as null and void. Criminalizing the Triple Talaq goes against the spirit of the Supreme Court judgement.
- A married Muslim man becomes a vulnerable target. Police can arrest and investigate the accused even without the complaint from his wife or any other person.
Effects of The Bill
Terming Triple Talaq as unconstitutional is a step towards establishing uniform civil code according to Article 44 of the directive principle of state policy.Terming Triple Talaq a Criminal offence goes against the characteristics of our Fundamental Rights according to Article 25 and 26, the freedom of religion.
Triple Talaq has led to the subjugation of Muslim women even after 72 years of our independence. The Triple Talaq Bill is considered a big win for the principles of gender equality followed in our country. The Woman Empowerment movement in India will only move forward from here.
Hello, I am Aliasgar Ayaz. I am currently pursuing Economics honours from The Bhawanipur Education Society College. I am an avid follower of sports, majorly football, volleyball and tennis. I love to write about sports and current affairs dealing with our nation as well as international.
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