Topic > Social Justice: Triple Talaq and Muslim Men and Women in India

IndexThe Petition Against Triple TalaqTriple Talaq and its ConsequencesImportant Points of Triple TalaqCurrent StatusIn our country India there are many social injustices, especially those related to religion. That's right, I will deal with the triple talaq law, which is one of the latest issues. On August 22, 2017, the Supreme Court of India declared instant triple talaq or divorce unconstitutional or arbitrary in a landmark ruling. The Islamic practice of men divorcing their wives by stating 'talaq' or divorcing three times: it is a criminal offense has been introduced in the Lok Sabha. Law Minister Ravi Shankar Prasad termed the "Muslim Women (Protection of Rights of Marriage) Bill" as an attempt to ensure justice2 and respect for women, and not for any religion or community. In August, a five-judge Constitution Bench of the Supreme Court had ruled that 'Triple Talaq', which irreversibly ends marriage, was unconstitutional. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay In a split verdict, three out of five judges said that this practice of saying talaq three times in one sitting or by phone, email, messages etc. it is the violation of Muslim women's right to equality and against gender justice. It is not mentioned in Islam, so it cannot be allowed to continue. Chief Justice of India Justice A Abdul Nazeer supported the suspension of instant talaq and told the government to bring a law to regulate the practice within six months. However, the three-judge majority verdict prevails over their view. This law was against Islamic religion and was against Islamic rule while on the other hand it also helped Muslim women who were struggling to get this law. In Islam, marriage is a social contract with clear conditions to be noted in a nikah (marriage contract). Not only this, it offers positive requirements for a bride like Meher (dowry). Triple talaq is not mentioned anywhere in the Quran and perhaps this is why it is illegal in most Muslim countries. The Quran gives equal right to both husband and wife to ask for divorce. Triple talaq should be abolished because it is not Qur'anic and goes against the spirit of the Constitution and last but not the least it is unjust and inhuman. The petition against triple talaq The petition against instant divorce was filed two years ago by Shayara Bano and four other women divorced by their husband through letter mentioned talaq thrice. Her children were taken away from her and faced much discrimination and threats to her life. The Supreme Court also named the Muslim Bhartiya Mahila Andolan as a party, according to which 92% of Muslim women want the abolition of triple talaq. This is the first time in India that Muslim women have challenged an Islamic practice as a violation of fundamental rights. Muslim women have come out to speak out against discriminatory practices in the name of Islamic practices Triple talaq and its consequences According to Islamic law, the right given to a Muslim man to divorce his wife with a simple clear declaration is known as talaq. There are three types of talaq: Talaq –e-Ahsan where the husband declares talaq once followed by 90 days abstinence. If the couple resolves their differences within the period, the talaq is cancelled. Talaq-e-Hasan where the husband pronounces talaq three times in a span of three months with iddat or self-restraint of one month each. If differences are resolved bythe deadline established the talaq is considered revoked. Otherwise, the divorce becomes final after the third talaq. Talaq –e- Biddat is when the husband says talaq in one go and it becomes effective immediately. It is irrevocable the moment it is pronounced. The Supreme Court of India declared Talaq-e-Biddat unconstitutional and against the dignity and rights of women. Talaq-e-Biddat instant divorce is banned in 22 Muslim countries as it is arbitrary. It makes the pronunciation of talaq-e-biddat "null and void". According to clause three of the bill, "Any pronouncement of talaq by a person on his wife, whether in words, spoken or written or in electronic form or in any other manner, shall be null and void." This ruling is said to ensure justice for Muslim women who have been victims of domestic violence and harassment. Important Points of Triple Talaq According to the suggested law, "any utterance of Talaq" by a person - whether spoken, written or in electronic form or in any other manner whatsoever - will be invalid and illegal. It also seeks to punish a Muslim man, who attempts to divorce his wife using "Triple Talaq", with imprisonment for a maximum of three years and a fine. But unlike most other criminals. offenses carrying a three-year sentence, the bill makes the offense cognizable. This means that a Muslim woman will not need to go to a court but to the police who can immediately arrest the man without a warrant a non-bailable crime involving only the court - and not the police - can release the man on bail. The bill also allows women, for whom Talaq is pronounced, custody of her minor children. The woman can also seek a maintenance allowance for herself and her dependent children. A magistrate will decide the amount of this allowance taking into account the husband's income. Law Minister Ravi Shankar Prasad said the prison sentence was incorporated into the provision because cases of instant divorce by Muslim men continued to be reported despite the Supreme Court's ban. Ravi Shankar Prasad told the Lok Sabha that the government has been able to track 300 cases of instant 'Triple Talaq' in India this year. Nearly 100 such cases have been reported. Congress supported the government on the bill, but suggested some changes to make provisions to protect Muslim women. During the debate in the Lok Sabha, many opposition leaders asked the government to review the provision of prison sentence for a Muslim man who tries to get a divorce with instant 'Triple Talaq'. It was pointed out that the man, if he had been incarcerated, would not have been able to provide a living allowance. The government put an end to this fear, saying the courts were free to release the man on bail. Furthermore, magistrates were given a free hand to send the man to prison for a shorter period. The law does not specify a minimum prison sentence that offenders should serve. Current situation Out of a sample of 4,710 women, 525 were divorced. Of these, 346 women divorced orally, 40 women received a divorce letter from their husbands, and 18 women divorced by telephone, one by text message, three by email, and 117 by other methods. In the same study, 92% of accused persons called for a legal ban on the practice of oral, individual or triple divorce. Case studies of how women were left homeless overnight, left helpless without any help even for children, after being divorced orally, in an instant. Most women remain shocked throughout their lives and find it difficult to recover from the shock..