Divya M.B.
What is 'Triple Talaq?'
Triple Talaq is also known as 'talaq-e-biddat' or instant divorce or irreversible divorce.
It means that it permits a husband ( belonging to the religion of Muslim) to divorce his wife by repeating the word 'talaq' (the Arabic word for 'divorce') 3 times in an oral or written form i.e through a text message, email, Whatsapp, letter or even via skype. Neither the presence of wife at the time of pronouncement of divorce nor the citation of the reason for
divorce is required.
What are the types of divorce under Islamic law?
For women, 'fiq-khul' ( khula), permits the wife to divorce her husband through mutual consent or judicial decree.
For men, three types of divorce namely,
1) Triple Talaq (Talak-e-biddat) (Irrevocable)
2) Talaq-e-Ahsan (Revocable)
3) Talaq-e-Hasan (Revocable)
Where the practice of 'triple talaq' is mentioned?
The practice of triple talaq was not mentioned either in the Koran or in Sharia Islamic Law. In Muslim Personal Law (Shariat) Application Act, 1937, the practice of triple talaq was made sanctioned.
Whether India is the only country to ban the practice of triple talaq?
No, India is one among the 23 countries in the world to ban the practice of triple talaq.
When was the practice of triple talaq made unconstitutional?
Till 22nd August 2017, the practice of triple talaq was recognised constitutional . But in the case of Shayara Bano vs. Union of India and others (Writ Petition (C) 118/ 2016), the Supreme Court held that triple talaq is unconstitutional in 3:2 majority (3 of the 5 Judges) as it violates the right to equality under Article 14 of Indian Constitution, 1950.
Later, on 30th July 2019, the Indian Parliament amended the 'Muslim Women (Protection of Right on Marriage) Act, 2019' criminalizing the practice of triple talaq and made it a punishable offence from 1st August2019.
What is the punishment prescribed for giving instant triple talaq as per the Muslim Women (Protection of Right on Marriage) Act, 2019?
As per Section 3 of the Act, the Muslim husband who spells instant triple talaq would be imprisoned up to a period of 3 years. The wife and children are entitled to receive maintenance from him.
The Act made the practice of triple talaq as a:
(1) Criminal Offence
(2) Cognizable Offence (Section 7 of the Act)
(3) Non-Cognizable Offence (Section 7 of the Act)
(4) Compoundable Offence (Both Husband and Wife may compromise and arrive at a conclusion).
What was held by the Supreme Court of India in this case?
(1) The practice of triple talaq violates Article 14 of the Indian Constitution (Right to equality). The same was held in the Shah Bano case (1985) SCR (3) 844.
(2) The Supreme Court declared the recognition and enforcement of triple talaq is not within the meaning of the expression of 'laws in force'
(3) As the Triple Talaq is instant, the chances for an attempt to reconcile the husband and wife don’t take place as it is essential to save the marital tie and to pronounce triple talaq. In addition to that, a husband doesn't need any reasonable cause to give divorce which clearly depicts the arbitrariness.
Comments