Triple Talaq

Before I start off with my opinion on the current and constitutional topic, here is my minute interpose . Myself Khushi Dadhich a student of a college trying to highlight the  unconstitutional right peoples are enjoying and the harassment women are facing. I am from Bhilwara (Rajasthan).

Talaq Talaq Talaq......

 

Talaq is an Islamic word for divorce, donating dissolution of marriage when a Muslim men can serve all marital ties with his wife.

 Under the Muslim law, triple talaq means Liberty from the relationship of marriage, eventually or immediately, where the man, by simple uttering the word "Talaq" three times, ends his marriage. This instant divorce is called triple Talaq, also known as 'Talaq-e-biddat'.

                 The Muslim personal law(Shariat) application act of 1937 had legalized and allowed the practice of triple Talaq which gave a Muslim husband special privileges over his wife.

                 This divorce is one of the 1300-year-old practice among Muslims, specially Sunni Muslims. It comes under the personal law of Indian Muslims. Triple Talaq is a practice of divorce under sharia law or Islamic law.

Talaq-Different types:-

As per Islamic law, in general, there are different type of talaq for men and women.

For men, under Islamic law there are 3 type of divorce namely Talaq-e-Biddat (triple Talaq), 'Hasan' and 'ahsan'.The major difference among these divorces is that the triple Talaq is irrevocable whereas other two are revival. Triple Talaq is an instant divorce whereas other two takes some time and is not instant.

For women, there is a traditional "Fiqh khul" or also known as "Khula" allowing a woman to divorce her  husband through mutual consent of the husband or a judicial decree. Its reference is also available in the Holy Quran or Hadees is known as saying of Prophet Muhammad.

                       It is applicable in both forms oral and written. In most recent times, digital formats like sending over email, WhatsApp, skype is valid.

Triple Talq Bill:-

                     This method of divorce does not stand with the fundamental principles of gender equality and secularism. It puts a question on the dignity of women, justice and basic Human Rights privileges of Muslim women in the country.

                            In August 2017, Supreme Court of India has termed triple Talaq as unconstitutional and many social, religious and legal observation have been produced against the practice of triple talaq.

                            According to judgement given by the supreme court triple Talaq bill has been introduced in the Indian parliament to void the practice of Triple Talaq by Indian Muslim man and a bill was passed in Parliament in December 2018 and finally passed by both houses on 30 July 2019.

From 1st August 2019, it has become a law which declares that triple Talaq divorce given in the form of verbal, oral or written and digital or any form whatsoever, deems to be void henceforth and it is illegal to practice.

Punishment for pronouncing Triple Talaq:-

                       The law also makes triple Talaq a congnisable and non-bailable offence.

                     According to clause 3 in Chapter 2 of the bill, "any pronouncement of Talaq by a person upon his wife, by words, either spoken or written or in electromic form or in any other manner whatsoever, shall be void and illegal".

                 "A husband declaring Talaq may be imprisoned for up to three year along with a fine".

                             According to clause7 (C) in chapter 3, "No person accused of an offence punishable under triple Talaq law shall be released on bail after the magistrate, on at application filed by the accused and after hearing the married Muslim women upon whom Talaq was pronounced is convinced that there are reasonable ground for granting bail.

      

Custody of children:-

                                Clause 6 in chapter 3 of the bill states that, "a married muslim woman shall be entitled to custody of her minor children in the event of pronouncement of Talaq by  her husband in such manner as may be determined by the magistrate".

            The Triple Talaq legislation will now go to president Ram Nath Kovind for his assent.

Allowance to woman:-

                      A muslim Women against whom  Talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for dependent children. The amount of allowance will be determined by the Magistrate.

 

Conclusion:-

                  Getting respect is a fundamental right of every individual. One of the most important conclusion to be drawn through the abolishing of the triple Talaq bill is that no woman will face such discrimination and injustice in their life in future.

                     However even when gender concern of marginalized women hit the headlines, they do so primarily to strengthen the prevailing stereotypical biased against the community at large. Hence women rights   is a multifaceted issue which is embedded in broader political processes and consequently requires a complex response.

                          

                                " Gender equality is not a women's issues, it is a human issue. It affect us all".