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Triple Talaq: Meaning and Nature
The author examines the difficult issue of talaq in Muslim personal law in light of recent developments. A fair reading of Articles 14, 15, and 21 is provided in order to cease this discriminatory practice. The study also wanted to offer a worldwide perspective on Triple Talaq, a Quran-based practice. Shayara Bano v. Union of India and Ors resulted in the prohibition of triple talaq. The researcher wants to provide a critical analysis of the "Triple Talaq" debate. It is anticipated that this will inform future attorneys on the divorce laws of Islam.
The majority of the information used in this study's source material was gathered from secondary sources, including articles, books, journals, committee reports, media stories, legislative provisions and legal doctrines, as well as recommendations issued by regulatory bodies. But in Islam, divorce is not considered a sin but a necessary evil. One Hadith (a professor's saying) claims that Talaq is the most abhorrent to God among all acceptable deeds.
Meaning & Nature
The Arabic term talaq means "Repudiation or Untying (women from marriage bonds)" in English. The divorce procedure starts right away when the word "Talaq" is said, and the wife is not required to be present. According to Moonshee Buzloor Rahim v. Laleefutoon Nisa, the Muslim husband's arbitrary act of talaq is a violation of Muslim law, which allows him to divorce his wife at any moment, with or without justification. To pronounce the Talaq, he does not have to be there with his wife. Marriage must be respected and honored since it should endure as long as possible, even if it is a civil contract that can be dissolved if the parties do not fulfill its stated purpose.
Islam has two meanings for "talaq," or divorce upon the husband's request: "Talaq-al-sunnah" and "Talaq-e-biddat." Is "Talaq al-sunnah" a variation of "Hasan," in which the Talaq is irreversible after the last proclamation and three pronouncements are made during three successive "Tuhrs" (periods of the wife's purity)? There is also the choice of "Ahsan," which stipulates that the divorce must be finalized after three "Tuhrs," or the gap between the wife's menstrual cycles, and that only one Talaq may be administered during that time.
The "Talaq-e-biddat," also known as "Triple Talaq," is regarded as an unusual divorce process. It is prohibited in the United States because, according to Mohammedan jurists, it is one of the most immoral deeds. The Omeyad Monarchs embraced "Talaq-e-biddat" in the second century of the Muhammadan era, claims Ameer Ali.
Triple talaq occurs when the word "Talaq" is said at the same time, at the same gathering, or at another time during the same tuhr period. Islam considers marriage as a civil contract, giving husband and wife equal rights in terms of divorce. Talaq is the term used when the husband starts the divorce, Khula is used when the woman starts the divorce (as was the case after the Mussalman Law of Divorce changes), and Mubaraab is used when both parties commence the divorce.
Judicial View
The Islamic custom of Muslim males promptly divorcing their wives has been ruled illegal, null, and void as a result of decades of Muslim women's objections. Seven victims and a women's organization petitioned the Supreme Court to hear the case. Progressive Muslim women have fought to end the practice of forcing men to divorce their spouses, but male religious leaders, in particular, have opposed their attempts. According to activists, it has been more challenging for women to organize social and legal campaigns against this practice due to a lack of fundamental knowledge among India's Muslim community. In the event of an instant Triple Talaq, attempts to preserve the marital ties are impossible and will never take place, leaving the divorced woman to fend for herself.
Could a husband's failure to provide his wife with written notice of his intent to file for divorce give rise to grounds for divorce as of the filing date? In the other case, Shamim Arsa v. Uttar Pradesh, this topic was raised. The judge's conclusion is that a husband's written divorce declaration does not constitute talaq, and hence it cannot be said that talaq occurs when his spouse makes the written divorce declaration public. The judge said in her dicta that "no ancient Muslim holy book or scripture has in its text a reference to a kind of divorce that has been sanctioned by the High Court and the Family Court."
Conclusion
Muslim males have complete authority to divorce their wives without their agreement under the practice of triple Talaq. This is a discriminatory practice that robs women of social support, financial security, and legal protection. According to Articles 14 and 21, they are each entitled to equality and the right to a dignified life. The Supreme Court of India's ruling in A.S. Parveen Akthar v. Union of India affirming the legitimacy of Triple Talaq dealt a serious blow to the Constitution's fundamental rights. According to Articles 14, 15, and 21 of the Constitution, people have a right to privacy, and this certainly infringes on that.
A key component of India's democratic system is equality of opportunity. The Supreme Court has ruled that the Constitution's core tenet of equal opportunity for everyone is true. State discrimination on the basis of religion, race, sex, or any combination of these elements is prohibited under Article 15(1) of the Indian Constitution. This type of talaq violates Article 15 since it discriminates against women based on their sexual orientation and religion. Only a court can deny someone their right to life and liberty, according to Article 21 of the Constitution. The Triple Talaq compromises the integrity of Article 21 by departing from the customary divorce arrangement.
The centre has taken a step toward criminalizing Triple Talaq after the Supreme Court invalidated the centuries-old practice in a historic decision. Due to the fact that it criminalizes divorce even if the wife is not evicted from her home or separated from her husband, the measure, which was passed by the Lok Sabha but has not yet been accepted by the upper chamber, is currently being discussed by lawmakers in India's Rajya Sabha. The government has begun the process of making Triple Talaq a crime in response to the Supreme Court's historic decision to outlaw this centuries-old practice. The Talaq-e-biddat law was passed by India's lower house of parliament, but the upper house of parliament has not yet confirmed it because of reservations about certain of its provisions.
Frequently Asked Questions
Q1. What are the challenges in banning triple talaq?
Ans. Religious organizations see the prohibition of a custom revered by Sharia as meddling with minority religious practices. Muslim women's poor literacy rates and lack of awareness of their rights. It's probable that women won't receive assistance from their parents or other relatives while going through legal processes.
Q2. What does the triple talaq act contain?
Ans. A talaq-e-bidat proclamation made verbally, in writing, by SMS, WhatsApp, or any other electronic conversation is prohibited under the triple talaq act. When a Muslim man declares talaq to his wife three times in a row, an immediate and irrevocable divorce occurs. This is known as talaq-e-biddat. The triple talaq act also creates a talaq-e-bidat cognizable offense, granting police officers the authority to conduct an arrest without a warrant. The triple talaq bill only declares talaq-biddat if the complaint is made by the injured lady or any of her relatives by blood or marriage in order to prevent abuse of the cognizable character of the offense.
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