Open Access Research Article
A STUDY OF TRIPLE TALAQ: THE MUSLIM WOMEN (PROTECTION OF RIGTHS ON MARRIAGE) BILL
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Article Details
A STUDY OF TRIPLE TALAQ: THE MUSLIM
WOMEN
(PROTECTION OF RIGTHS ON MARRIAGE)
BILL
AUTHORED BY
- DR. SARITA DEHARIYA
MEHRA
Abstract
Woman is the historically oppressed
section of the society. Indifferent from
the culture, society, or time, women are denied their basic right. They are considered to be the weaker sex and
thus are denied any indulgence in social, political and economic spheres. No society or culture as a whole is able to
do justice with the women. The Islamic
society is considered to be the one where women are provided with very less
rights and liberties. Whether it may be
hijab, burkah, issued with respect to adoption or practices like triple talaq,
majority of Muslim women are always denied the freedom. Triple talaq was an issue which was
witnessing very heated debates in the recent times all across the country. It was considered as a setback to the gender
equality and women employment. The
Supreme Court of India in Shah Bano Begum's case delivered a landmark judgment
providing Muslim women a right to claim maintenance as prescribed under section
125 of Cr. P.C., but the same was overturned by the Muslim Women (Protection of
Rights on Divorce) Act, 1986. This paper
aims at discussing about the various aspects related to triple talaq, its
history, its standing in Quran, international perspectives and the issue in
India. It also discusses about the Supreme Court's Judgment in Shayara Bano
case and the Muslim Women (Protection on Rights of Marriage) Act, 2019. The paper will discuss at length the issues
pertaining to the Act and its.
Keywords: Triple Talaq Bill, Law, issues Muslim women.
Introduction
Talaq is Arabic word meaning
divorce. Triple talaq is meant as an
instant and irreversible divorce. It is
an Islamic Divorce procedure. Triple
Talaq is followed by Indian Muslims and people who follow Islam from different
countries. In triple talaq, a Muslim
husband gives divorce to his wife by uttering the word "talaq, talaq,
talaq" at one go. Once it is spoken, the marriage stands void. It is
applicable in both forms, oral and written.
In most recent times, digital formats like sending over email, WhatsApp,
is valid.
Objective
of study
The point of discussion of this paper
is to know about the realities relevant to triple divorce in muslims.
The objective of this paper is to explain the real meaning of triple
talaq. It answers the query that what does the Sharia law say about this issue
and how does it safeguard the rights of women.
Actually, there is the wrong perception about muslim women that they are
deprived of their rights especially under the system of Talaq. The paper at hand also figure out the views of
different sects on triple talaq. The
precisely discusses the relevant case laws.
Also, it explores the legislation on triple divorce, enacted in
different states.
What is
Triple Talaq?
Triple talaq, also called
talaq-e-biddat, is a form of instant Islamic divorce that has been practiced by
Indian Muslims. The practice of instant
triple talaq was held unconstitutional by the Hon'ble Supreme Court in August 2017. The use and status of triple talaq in India
have been a matter of controversy and debate.
Those questioning this practice have raised issues of justice, gender
equality, human rights, and secularism.
History of Triple Talaq
This divorce is one of the 1300 year
old practice among Muslims, especially Sunni Muslims, In India, as per census
2011, this Divorce practice affects around 8% of Indian women population,
especially women above the age of 60 years. It comes under the personal Law by
Indian Muslims. Triple talaq is a practice of Divorce under Sharia Law (Islamic
Law).
Triple Talaq Bill
·
The
triple talaq bill makes declaration of talaq-e-bidat in spoken, written or
through SMS or WhatsApp or any other electronic chat illegal.
·
Talaq-e-biddat
refers to the pronouncement of talaq three times by a Muslims man in one
sitting to his wife resulting in an instant and irrevocable divorce.
·
The
triple talaq bill also makes declaration of talaq-e-bidat cognizable offence
that gives a police officer powers to arrest the offender without requiring a
warrant.
·
To
check misuse of cognisable nature of the offence, the triple talaq bill makes
declaration of talaq-e-biddat only if
the complaint is filed by the aggrieved woman
or any of her relation by blood or marriage.
·
A
Muslim man pronouncing instant triple talaq attracts a jail term of three years
under the triple talaq bill. The accused
under the triple talaq bill is entitled to bail, which can be granted by a
magistrate . But the bail can be granted
only after the magistrate has heard the aggrieved woman.
·
The
triple talaq bill also provides scope for reconciliation without undergoing the
process of nikah halala if the two sides agree to stop legal proceeding and settle the dispute.
·
Nikah
halala refers to 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.
·
Under
the triple talaq bill, the divorced Muslim woman is entitled to seek custody of
minor children. This would be determined
by a magistrate.
·
A
woman divorced through talaq-e-biddat is entitled to demand a maintenance for
her and her depended children under the triple talaq bill. The magistrate has the power to determine the
amount of subsistence allowance.
Supreme Court agrees to examine Triple Talaq Law,
issued notice to Centre
The Supreme
Court ON Friday agreed to examine the validity of a newly enacted law which
makes the practice of instant divorce through triple talaq among Muslims a
punishable offence entailing imprisonment of up to three years. A Bench of
justices N V Ramana and Ajay Rastogi issued notice to the Centre on a batch of
petitions seeking to declare. The Muslim
Women (Protection of Rights on Marriage) Act 2019 as
"unconstitutional" on grounds that it allegedly violates the
provisions of the Constitution, " We will examine this," the Bench
told senior advocate Salman Khurshid, Who was appearing for one of the
petitioners Khurshid said there were many dimensions, including making the
practice a punishable offence and jail term of up to three years, which need to
be examined by the top court. He said
the petitioners were concerned about making the practice of triple talaq among
Muslims an offence as the apex court had already declared it to be null and
void, " If there is no such thing as triple talaq then what are they
making an offence," he told the bench and referred to a five-judge
Constitution Bench verdict which had declared the practice of triple talaq among
Muslims as null and void.
Muslim Body Moves SC Law On Tripal Talaq
The request recorded by a Muslim
board has tested the Constitutional legitimacy of the Muslim Women Act, 2019 on
top of the position so as to it is obviously biased plus outrage Articles 20,
21, 14 plus 15 of the constitution. The
All India Muslim Personal Law Board (AIMPLB) on Monday recorded a request in
the Supreme Court testing the law which condemns moment triple talaq.
The Muslim Women Act 2019 makes
talaq-e-biddat or some other comparative type of talaq having the impact of
prompt and unavoidable divorce uttered through a Muslim husband annulled and
unlawful. Any Muslim husband who
articulates the illicit type of talaq upon his wife is to be rebuffed with
detainment for a term which may stretech out to three years. The request by the AIMPLB and Kamal Faruqui
has tested the constitutional legitimacy of the Act on the ground that it is
clearly discretionary and outrages " Articles 14, 15, 20 and 21 of the
constitution and makes baseless / improper impedance in the Muslim personal law
as relevant to Hanafi Muslims." The
decried Act is a criminal resolution having antagonistic effect on the life and
individual freedom of those on whom punitive results are to be visited. It is
the basic standard of law that any demonstration or oversight which is managed
reformatory outcomes ought to be characterized with exactness and accuracy. A
Muslim husband whose demonstration or exclusion might be chatted with
reformatory outcomes ought to be characterized with exactness and accuracy. A
Muslim husband whose demonstration or exclusion might be chatted with
reformatory outcome must have reasonable notice of elements of act or oversight
that is pronounced criminal so such individual can sort out his issues in such
a manner to stay away from any contention with the law, the request said. Since
Talaq–e-Biddat, the spite of such articulations, marriage endures. Along these lines, it was absolutely excess
and silly to proclaim statutorily the act of Talaq-e-Biddat as void, the
supplication said Furthermore, area 3 of the impugned Act likes wise experience
interior logical inconsistency in such a case that any demonstration which is
pronounced void has no presence according to law and it is excess and confecting
to announce non-existent act illicit. The
segment, in this manner, experience show mediation as it makes arrangement of
law which is absolutely pointless, the request said in August 2017, the Supreme
Court have strike behind the act of direct triple talaq. The Act be approved through Parliament on top
of July 30. The Supreme Court had before
consented to inspect the legitimacy of the recently established law on a clump
of petitions which looked to proclaim the Act as illegal.
Conclusion
In conclusion, it can be said that
the continuation of triple talaq in a secular and democratic republic like
India was tantamount to a stain. By making a lwa against the practice of triple
talaq, legally Muslim women will get equal rights with men, now women will not
be afraid of Talaq. With the
implementation of this law, organizations such as the Muslim Personal Law Board
representing Muslims, will take a positive attitude towards other social
reforms. Ultimately this law will
protect the dignity of Muslim women, give them legal protection and give them
the right to live with dignity.
REFERENCE
·
Constitution
– Dr. Jai Narayan Pandey, P.M. Bakshi, Durga Das Basu.
·
Code
of Criminal Procedure – Muralidhar Chaturvedi, Dr. N.V.Paranjpe.
·
News
Paper – Dainik Bhaskar, Patrika, Naiduniya.
·
Triple
Talaq Bill 2019
·
Muslim
law book by Aqil Ahmad, Dr. U.P.D. Kesari.
·
The
Muslim Women Act, 2019.
Article Information
A STUDY OF TRIPLE TALAQ: THE MUSLIM WOMEN (PROTECTION OF RIGTHS ON MARRIAGE) BILL
Authors: DR. SARITA DEHARIYA MEHRA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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