TRIPLE TALAQ

According to the Islamic Law, different types of Talaq are there for men and women. There are three types of divorce for men, namely Talaq-e-Biddat (Triple Talaq), Hasan and Ahsan. Triple talaq is irrevocable whereas the other two are revocable. For women, there is ‘khula’, a traditional way of allowing the women to divorce their husbands by a judicial decree or mutual consent. Triple talaq is derived from an Arabic word which means divorce. It is divorce procedure of Islam. It is a practice among Muslims mainly Sunni Muslims about 1300 years old. The Indian Muslims consider it under the Personal Law. Triple talaq is a practice of Divorce under the Islamic Law.

In general terms, Triple Talaq also denotes irreversible and immediate divorce. The people of different countries including India who follow Islam i.e. who are Muslims follow this method of divorce. In triple talaq, a Muslim husband in one go gives divorce to his wife by uttering the word talaq three time. Once spoken, consequently the marriage becomes void. It can be oral and written. However, with the course of time, some individuals also consider it in digital form via whatsapp or email and regarded valid.

Triple Talaq Bill

Of lately, a major crowd is against the Triple Talaq practice as there is seen a dominance of men over women. Among the population of Muslim women in the nation, the practice went against the equality rights and empowerment of women. This procedure of divorce is not at par with the secularism and Fundamental principles of equity of gender. The Indian Muslim women are questioned of their basic human rights, dignity and justice. In the beginning, Muslim women raised voices against the practice of Triple Talaq and its abolishment at the State Election of Uttar Pradesh where the Prime Minister Shri Narendra Modi started a campaign. For the dissolution of the issues of women, the central government started finding solutions. As a result, in August 2017,Triple Talaq was considered unconstitutional by the Supreme Court and a number of religious, social and legal observations have been implemented against it.

Taking into account the Supreme Court’s judgment and barbarity faced by women, the Indian Parliament introduced the Triple Talaq Bill to make the Triple Talaq practice by Muslim men void. From 1st August 2019, the following bill became law, declaring that the Triple Talaq divorce is deemed to be void and subsequently illegal when given in any form, written, oral and digital. The Bill also declared Triple Talaq as perceptible as well as a non-bailable offense with imprisonment of three years along with fine. The women victim to such divorce is entitled to seek allowance for herself and the children from the husband.

Conclusion

The Triple Talaq practice has always been seen as a controversy by the entire world especially among those that follow Islam. Thus, it can be concluded that the main idea behind implementing such a bill to abolish Triple Talaq, was to maintain equity and prevent any sort of injustice and discrimination among the Muslims.