Triple Talaq

Introduction

Talaq-e-Biddat (triple talaq or instant talaq)

In Islamic law, triple talaq was the method of divorcing their spouse by repeating thrice talaq in any form, including message, email, or WhatsApp. The practice of triple talaq was wrong in the sense that spouses could give each other instant divorce without any proper method. As a result, many women face a great deal of difficulty in their lives.

Despite the fact that it has been practiced for decades, triple talaq divorce is not mentioned in Sharia Islamic law or the Koran.  According to Islamic scholars, clearly specifies out how to get a divorce; it must be done over three months to allow time for contemplation and reconciliation.

Most Islamic countries, including Egypt, the United Arab Emirates, Pakistan, and Bangladesh, have outlawed triple talaq, but the practice has persisted in India, which lacks a uniform set of marriage and divorce laws that apply to all citizens.

Shayara Bano took a stand against the method of divorce in Islamic law in 2016, and her struggle and court ruling rendered triple talaq unconstitutional in 2017. During her interview, she discusses her difficulties as a result of her husband’s talaq via speed post. Her husband used to beat him in order to obtain dowry from her home. Her husband tortured her a lot.

Shayara Bano was a hero figure in the triple talaq case because she stood up for her rights and got justice not only for herself but for other women who never came forward to fight for themselves, as well as an inspiration for future marrying women.

Background

The concept of triple talaq dates back to the second century of the Islamic era. After two years in power, the second caliph, Umar, enacted triple divorce, which stated that no one would be allowed to remarry after having three divorces in a row. According to the author, when Arabs conquered every part of the Gulf during the reign of Caliph Umar, they used to bring both male and female slaves with them to Mecca and Medina after winning battles.

These women were very attractive and charming, and the Arabs were enamored with them and desired to marry them. However, these women insisted that the men grant an irreversible divorce to their ex-wives. To appease them, they would declare triple divorce in one go and pretend to have permanently divorced their wives. From there triple get into use.

Origin in India

The Muslim Personal Law (Shariat) Act of 1937, passed by the British government, governs Muslims. This law was applicable to all Muslims in India. The British government also passed the Dissolution of Muslim Marriage Act, 1939, to protect the rights of Muslim wives. This legislation included specific rules for divorce, including Triple Talaq, and hence it was common practice among Indian Muslims to terminate marriages using Triple Talaq. Unless the couple decides to register their marriage under the Special Marriage Act of 1954, Muslim marriages in India are considered secret. Due to these historical causes, other countries’ governments’ limitations on the husband’s unilateral right to divorce, such as the prohibition of triple talaq, have not been adopted in India.

About The Muslim Women (Protection of Rights on Marriage) Act, 2019

The Muslim Women (Protection of Rights on Marriage) Act, 2019.

This statute is intended to defend the rights and dignity of Muslim women.

Both houses of parliament approved the act. This act made triple talaq or talaq-e-Biddat illegal or null and void. Any Muslim spouse who says talaq three times in any media to end his marriage faces three years in prison and a fine.

Only if the information supplied to the police is provided by the married Muslim woman to whom the talaq is declared, or by anybody connected to her by blood or marriage, is the offense punishable under this regulation. This is intended to keep outsiders from abusing the system. According to the Act, bail can be granted only after the victim woman has been heard and for sufficient reasons.

There is provision for subsistence support for the wife and her dependent children as established by the court, as well as the wife’s right to custody of her minor children. The offense punishable under the Act has also been rendered compoundable, but only at the request of the Muslim women and with the permission of the magistrate on appropriate terms, as determined by the court.

Cases

The landmark case of triple talaq:

Shayara Bano Vs. Union of India

Supreme Court of India

Date of Judgment: 22^nd August, 2019.

Petition: Shayara Bano

Defendant:  Union of India

The Supreme Court issued a historic judgment on the constitutional legitimacy of “Talaq-e-Biddat,” also known as “Triple Talaq,” which is one of three male-initiated divorces in the Muslim community, On August 22, 2017, the other two were “Talaq Hasan” and “Talaq Hasan.” As the name implies, in this type of divorce, a Muslim man can instantaneously divorce his wife by saying the word “talaq” in one sitting, without the intervention of the state. In this case, the channels of communication could be written, oral, or even electronic, which increases a woman’s susceptibility in this arbitrary and unilateral divorce.

This contentious custom, which intersects gender identity and community, has unsurprisingly left Muslim women vulnerable to abuse and in a morbid state, especially given the socio-economic aspect, in which most women are financially dependent on their partner, and the added dread of this frivolous divorce prevents many incidences of marital abuse from being disclosed.

The Supreme Court’s decision represents a watershed event in India’s women’s empowerment movement. In society, the court has given progressive ideas embodied in the Constitution primacy over personal law.

As a result, the Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted. This momentous decision empowers the country’s women’s community to advocate for themselves and their rights.

Analysis

The law prohibiting quick triple talaq is a watershed point in history. For decades, Muslim personal law reform has been stymied by politics and patriarchy. Gender justice for Muslim women in marriage and family has piqued no one’s curiosity.

However, this unpleasant reality has begun to change in the last 12 to 14 years, as Muslim women have raised their voices and demanded fairness in family matters. Muslim women have petitioned the Supreme Court, petitioned Parliament, and exerted pressure on the administration and the opposition. All of this eventually led to public debate and support for the repeal of immediate triple talaq.

The fact that the Muslim Women (Protection of Rights on Marriage) Bill, 2019, was adopted by the Bharatiya Janata Party (BJP)-led government accounts for much of the criticism levelled at it. However, the majority of so-called secular political parties failed to recognize the currents of change within the community. Every woman affected by immediate triple talaq is someone’s daughter, sister, or mother, and the practice causes sorrow and trauma for the entire family.

The triple talaq rule must be accompanied by increased knowledge, education, and empowerment of both men and women. It will assist the efforts of those in the community who are striving for social justice, empowerment, and democracy.

I support the decision because it gives a new lease on life to every woman who has suffered as a result of this, as well as those who may suffer in the future. No man has the right to believe that women are weak or that they lack support. Women are becoming stronger than ever.

Conclusion

The Act is a boon to India’s women’s empowerment movement. The court has expressed progressive views on personal law in society. The abolition of Triple Talaq will eliminate prejudice and injustice in the lives of Muslim women in the future. Society should also take a stand against this social evil in order to put an end to this behaviour. Because women’s empowerment is critical to the country’s prosperity.

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References

1. https://timesofindia.indiatimes.com/blogs/toi-edit-page/law-banning-triple-talaq-a-year-ago-today-we-reached-a-defining-moment-in-empowerment-of-women/
2. https://www.business-standard.com/about/what-is-triple-talaq-law
3. https://byjus.com/free-ias-prep/triple-talaq-bill-upsc-notes/?utm_source=google&utm_medium=cpc&utm_campaign=IAS_Dynamic_Traffic_Mumbai_Jan24&utm_adgroup=&utm_term=&utm_network=g&utm_matchtype=b&utm_device=c&utm_placement=&utm_content=413554669879&utm_Adposition=&utm_location=9062213&utm_Sitelink=&utm_Audience=dsa-472158642614&utm_Promotion=&utm_Price=&gclid=CjwKCAjw3MSHBhB3EiwAxcaEuzmDzujoU006vwXEDbBGXaWaDYPuax8ACbqx0c6ioaJzmF4Glk-q8hoCK3IQAvD_BwE
4. https://indianexpress.com/article/opinion/columns/triple-talaq-anti-triple-talaq-law-supreme-court-7139081/

Author: Divisha Srivastava is a student at S.N.D.T. Women’s University, Law School, Mumbai, Maharashtra.