INTRODUCTION
‘Of all things practiced by law, divorce is most harmful in the sight of Allah'(HOLLY QUR’AN)
Since past decades various forms of clashes are still prevailing in the intersection of law and customary practices. Among those ‘Triple Talaq’ is one of the recent issues faced by the Indian government headed by Prime minister. Narendra Modi.
TRIPLE TALAQ
Talaq is an Arabic word meaning repudiation of marriage by the husband. Triple talaq is a customary practice prevalent among Muslims. It dissolves the marriage when a Muslim husband utters the word ‘talaq’ thrice to his wife. These practices are concerned mainly among the sects of Sunni people.
TYPES OF TRIPLE TALAQ
Triple talaq is also known as
1)Triple-e-biddat
2)Talaq-e-mughallazah
That is an instant and irrevocable Islamic form of divorce utilized by Muslims in India. It acquiesces any men of the Muslim community to divorce his wife legally. It is done only by affirming the word talaq thrice either by way of oral, written, or electronic method.
OBJECTIONS RAISED AGAINST TRIPLE TALAQ
On considering the welfare of women, triple talaq is no doubt a Damocles sword hanging over the head of Muslim women. Triple talaq is no way fundamental to Islam. In is a later innovation discoveres for the benefit of a Muslim husband to release himself from the marriage tie immediately. It impacts the dignity of Muslim women. Also violates her fundamental right to life and personal liberty guaranteed by our constitution of India.
QURAN ABOUT TRIPLE TALAQ
As per the Islamic form of practice divorce is a last resort only to be use, when all the attempts of saving the marriage life have failed. There is no similar concepts of 3 divorces in Islam. It is after the 2nd divorce that a man can retain his wife or get separated. This concept of triple talaq in 1sitting is alien to the Quran and does not exist.
TRIPLE TALAQ BILL
This custom is validly criticizes for being unilateral and biased among Muslim women. There are 20 more Muslim major countries like Saudi Arabia, Pakistan, Turkey, Egypt, Qatar. They banned triple talaq in their countries. According to them, triple talaq is un-Islamic.
The supreme court on August 22, 2017 declared the practice of triple talaq as unconstitutional. States that it is violative of Article 14 and 21 of the Indian constitution.
The Indian parliament on Dec 5,2017 during winter session passed ‘Muslim Women’s (Protection of rights on marriage) Bill,2017’ making the practice of triple talaq as criminal offense. Further making it a cognizable offense with imprisonment for 3 years along with fine.
The law further states that triple talaq in any form. All spoken, written, or electronic method as SMS, email, WhatsApp should be banned. The law also helps Muslim women in claiming custody of her minor children. And also maintenance from her husband by approaching the magistrate after registering a complaint in the police (Mohd.Ahmed Khan v. Shah Banu Begum).
After the Bill, the AIMPLB (ALL INDIA MUSLIM PERSONAL LAW BOARD) a non- governmental organization propagates; that the state does not have the right to intervene in religious matters. Itis important to notice that personal laws have become pivotal in structuring the identity of both the Hindu Muslim community. It has become a battleground for the culture versus social debate.
CONCLUSION
“PARLIAMENT ABOLISHES TRIPLE TALAQ AND CORRECT THE HISTORICAL WRONG DONE TO MUSLIM WOMEN’S”
(Prime minister NARENDRA MODI tweeted after passing the bill)
What is sinful under religion cannot be valid under the law. It is well known that the triple talaq bill is not a question of law but justice to women.
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