What Is Triple Talaq? History, Supreme Court Ruling & Present Status
‘Talaq’ is an Arabic word, signifying dissolution of marriage when a Muslim man can severe all marital ties with his wife. Under the Sharia law (Islamic Law), Triple Talaq means liberty from the ties of marriage immediately by simply uttering the word ‘Talaq’ thrice. This instant divorce is called ‘Triple Talaq’ or ‘Talaq-e-Bidat.’ This is also often called Oral Talaq. Under the Sharia law that came into act in 1937, the practice of Triple Talaq was legalized and gave a special privilege to Muslim husband over his wife to break the relationship of marriage whenever he wanted to. This kind of divorce is irrevocable.
What Does The Quran Say?
The message within the Quran is incredibly explicit about divorce. It leans more towards safeguarding marriage rather than dissolving it abruptly. The Quran sets certain norms to execute divorce, even as there are norms to sanctify marriage. “Those who intend to divorce their wives shall wait for four months.” The Islamic scripture demands time and patience in executing a divorce in the hope of continuing the union, knowing that the couple is bound to have differences.
What is Triple Talaq?
Some Indian Muslims especially Sunni Muslims follow the system of Triple Talaq where the husband can divorce his wife by pronouncing the three words ‘Talaq, Talaq, Talaq’. It is a 1400 years old practice. In this practice, the husband is not required to mention any reasons for divorcing his wife. The Muslim wife cannot divorce her husband by using the practice of Triple Talaq.
Over the years, Muslim women in India are living in perpetual fear of being thrown out of their matrimonial homes in no time because a Muslim man, if he decides, can end years of marriage just by saying the word "Talaq" (divorce) thrice.
Triple Talaq law
The Indian Parliament passed the Triple Talaq law, also referred to as Protection of Rights on Marriage Bill, on July 30, 2019, to make instant Triple Talaq a criminal offence.
The law also makes Triple Talaq a cognizable and non-bailable offence. Ravi Shankar Prasad who was the minister of law and justice introduced the bill in the Lok Sabha on June 21, 2019, to replace an Ordinance promulgated on February 21, 2019.
The Bill was pending for consideration in the Rajya Sabha for a long time due to the continuing disturbance of the working of the Upper House by some political parties. The practice of Triple Talaq divorce system was continuing, so there was an urgent need to take immediate action to prevent such a practice by making strict provisions in law.
The Supreme Court considered Triple Talaq unconstitutional as it is against gender law and against the principle of equality as a fundamental right per the Constitution and it is not fundamental to the faith of Islam in India.
In 1985, a woman named Shah Bano fought a case in the Supreme Court against her husband after he left her without giving her any alimony. The apex court ruled in her favor.
Triple Talaq Void and Illegal
According to Clause 3 of the Bill, “any pronouncement of Talaq by an individual upon his wife, by words, either spoken or written or in electronic form or in the other manner whatsoever, shall be void and illicit”.
Punishment for pronouncing Triple Talaq
The Clause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished with imprisonment of three years and fine”.
Conclusion
India is a country of diversity of culture, religion and customs. In India, each religious community has its own set of laws based on their religious texts, which governs the family matters. However, a fine balancing has to be done between the right to practice any religion and social justice. Approval by the Parliament of the Triple Talaq Bill is the right step in giving social justice to Muslim Women.
FAQs on Triple Talaq Essay: Legal, Social, and Women’s Rights Analysis
1. What is the meaning of 'Triple Talaq' in the context of Indian law?
Triple Talaq, also known as Talaq-e-Biddat, was a practice under Muslim personal law where a man could instantly divorce his wife by uttering the word 'talaq' three times in succession. This could be done orally, in writing, or even through electronic means like text messages. The Supreme Court of India declared this practice unconstitutional in 2017.
2. What was the landmark Supreme Court judgment that declared instant Triple Talaq void?
The landmark judgment was in the Shayara Bano vs. Union of India case (2017). A five-judge constitutional bench of the Supreme Court, with a 3:2 majority, held that the practice of instant Triple Talaq is unconstitutional. The court found it to be arbitrary and a violation of the fundamental right to equality (Article 14) of Muslim women.
3. What are the main provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019?
The Muslim Women (Protection of Rights on Marriage) Act, 2019, was enacted to give legal effect to the Supreme Court's judgment. Its key provisions are:
- It declares the pronouncement of instant Triple Talaq, in any form, to be void and illegal.
- It makes the act a cognizable criminal offence, punishable with imprisonment for up to three years and a fine.
- The aggrieved woman is entitled to seek a subsistence allowance for herself and her dependent children.
- The woman is also entitled to the custody of her minor children.
4. Why was the practice of instant Triple Talaq considered a violation of women's rights?
Instant Triple Talaq was widely criticised as a violation of women's rights for several reasons. It was arbitrary and unilateral, giving the husband absolute power to end a marriage without any reason or due process. This left women with no financial or social security, often rendering them destitute overnight. It violated the principles of gender justice and equality guaranteed by the Indian Constitution.
5. How does the criminalisation of Triple Talaq impact Muslim women?
The criminalisation of Triple Talaq is intended to provide a strong deterrent against the practice, thereby protecting women from arbitrary divorce. It legally empowers women by giving them the right to approach the police and seek legal redress, including maintenance and custody of children. This shifts the power dynamic and provides a sense of legal and financial security that was previously absent.
6. What is the main difference between the banned 'Talaq-e-Biddat' and other forms of Talaq?
The key difference lies in the process and revocability. Talaq-e-Biddat (instant Triple Talaq) is immediate and irrevocable, with no room for reconciliation. In contrast, other forms like Talaq-e-Ahsan and Talaq-e-Hasan are phased processes. They involve a waiting period (iddat) between pronouncements, allowing time for reflection, reconciliation, and mediation, which is considered a more just and theologically sound approach to divorce.
7. What are the main arguments presented for and against the Triple Talaq Act, 2019?
The Triple Talaq Act, 2019, has been a subject of intense debate. Key arguments include:
- Arguments for the Act: Proponents argue it upholds gender justice, protects the dignity of Muslim women, provides a legal deterrent against an arbitrary practice, and ensures women's rights to maintenance and custody as per constitutional values.
- Arguments against the Act: Critics argue that making a civil matter (divorce) a criminal offence is excessive. They suggest it could lead to the imprisonment of the husband, making it impossible for him to pay the subsistence allowance and potentially closing doors for reconciliation.
