CALL NOW +91 – 8800110989 Triple Talaq or instantaneous divorce has remained a hot social issue of concern in India for a long time, and has created much furore and has seen numerous lawsuits. Under the process of Triple Talaq a Muslim man can divorce his wife simply by saying talaq thrice to her. The abruptness, and irreversibility of Triple Talaq throws a woman into a cauldron of emotional torment and economic instability while cutting through their safety nets and self-esteem at a single instance. This method is responsible for not only breaking up homes but also deepening male entitlement; making women completely vulnerable and marginalized. This article explores Triple Talaq and what the Muslim Personal Law has to say about and what legal measures available to Muslim women against Triple Talaq.
Historical Controversy over Triple Talaq in India:
Triple Talaq also referred to as Talaq-e-Bidat is a kind of divorce in Muslims which has been traditionally practiced. According to the historical analysis, it can be stated that the decision-making methodology has its roots in those moments when decision making was needed in the nomadic societies within the Arabian region. Nevertheless, the validity and ethical implications of these two have been subject to considerable contention among Islamic scholars.”
Triple Talaq in Muslim Personal Law
Islamic Jurisprudence: As a legal process, divorce is permissible in the Islamic law, but discouraged by the law. Reflectively, to divorce one’s wife in Islamic teachings, it is not as hasty as it is described in Christianity; instead, it follows a more structured path that entails the consideration and intervention of mediators and arbitrators. The three primary forms of divorce in Islam are:
Talaq-e-Ahsan: This is regarded as the cleanest form of divorce in which the husband utters talaq once and then waits for the iddat of the woman which is three months’ menstruation cycle. This waiting period is for reconciliation and if this does not happen then the divorce is complete.
Talaq-e-Hasan: This means a man must utter talaq thrice, and each statement should occur in three different cycles of a woman’s menstruation. Unlike Talaq-e-Bidat which practically immediately terminates the marriage, it gives time for the couple to resolve their issues.
Talaq-e-Biddat: Triple Talaq comes under this category whereby the husband can divorce his wife on the spot by saying talaq three times in one session. It is described as prohibited and unseemly by many scholars in the religion of Islam.
The Quranic View in The Matter of Talaq: Divorce has been addressed in the Quran where certain principles of justice as well as the welfare of both the man and the woman are supported. The Quran, in Surah Al-Baqarah verses 2:229-230, provides information about the procedure of divorce and the waiting terms; whereas Surah An-Nisa verses 4:35 urges the practice of mediation or an attempt to restore the relationship.
Hadith and Scholarly Interpretations: The saying of Hadith under Prophet Muhammad Hadith condemned Triple Talaq as unsustainable in Islam. The Prophet is reported to have detested this method, he described it as unfair to women. A number of schools of law in Islam, namely Hanafi, Shafi’i, Maliki and Hanbali schools have different understandings concerning the acceptability and the legal position of Triple Talaq and many of these understandings are considered as against the principles of Islam.
Legal Framework in India & Landmark Cases Related To Triple Talaq
With help of the Indian judiciary and the initiative taken by the government this evil social practice was finally made illegal. There are two landmark cases which played pivotal roles in the fight against this evil practice.
Pre-2019 Scenario: Earlier than 2019, Triple Talaq was said to be legal in India as per the Muslim Personal Law (Shariat) Application Act, 1937. This frequently placed women in a rather risky position, which was primarily because they could be divorced at any given time and they lacked any means of fighting this.
The Shah Bano Case: The famous Shah Bano case also came to light in 1985 that became a benchmark for women in India. The judgment on the divorce case between Shah Bano a muslim woman and her ex-husband in favor of Shah Bano regarding alimony. The verdict sparked controversies and finally, the Central government introduced the Muslim Women (Protection of Rights on Divorce) Act, 1986 which again restricted the operation of alimony but at the same time shed light on the necessity for a reform in Muslim personal law.
Shayara Bano Case and Supreme Court Verdict
Triple Talaq was practiced against Shayara Bano in 2016 and she opposed this practice after she was divorced through this procedure. This Social evils was referred to as unconstitutional by the Honorable Supreme Court of India on August 22, 2017 by 3:2 ratio while passing the Triple Talaq judgment. The court stated its position that the practice cannot be considered an innate part of the Islamic religion, and men have no rights to violate the fundamental rights of Muslim women. Thus the honorable Supreme Court declared triple talaq as unconstitutional, calling it arbitrary and against the principles of gender equality enshrined in the Constitution.
Muslim Women Protection of Rights on Marriage Act 2019
Subsequent to the said verdict of the Apex Court, the Indian government enacted The Muslim Women (Protection of Rights on Marriage) Act, 2019. Key provisions of the Act include:Key provisions of the Act include:
Criminalization of Triple Talaq: Talaq-e-bidat of any form whether oral, in writing, or electronically is a crime; it carries a punishment of up to three years in imprisonment.
Provision for Subsistence Allowance: It also proposes that the husband has to make a contribution in a reasonable sum to the divorced wife and the dependent children towards their sustenance.
Custody of Minor Children: Under this act the wife is able to seek an order of custody of her minor children.
Civil and Criminal Laws against Triple Talaq: With the criminalization of Triple Talaq, women have several legal remedies at their disposal
Legal Remedies Against Triple Talaq & he Procedure of Challenging Triple Talaq
The Supreme Court gave a landmark judgment in 2017 about triple talaq being unconstitutional. This made any practice of Instant Triple Talaq after this point in time illegal.
Process for Filing Mutual Divorce Under Muslim Law After Abolition of Triple Talaq
As a result of Triple Talaq abolishment, now the provisions of the Muslim law pertaining to talaq-e-mubarat, the process of mutual divorce have been changed and now it allows couple seeking to end marriage amicably: Here’s a concise guide to this process:
Mutual Agreement: Any divorce application must be done by both parties by consent.
Filing a Joint Petition: The couple needs to approach the Magistrates Court and sign a document whereby they renounce each other to arrive at a consent divorce.
Mediation: The court may recommend mediation in order to make sure that the decision taken will also be an agreed one. Mediation aims to resolve any potential conflicts and confirm mutual consent.
Cooling-off Period: Appeals are allowed and a mandatory six-month waiting period is given in order to rethink the decision.
Final Hearing: The final hearing will be conducted by the court post cooling-off period during the final hearing it is must for both the parties to appear in court to provide their consent for mutual divorce.
Decree of Divorce: The court grants the divorce decree this is the formal legal term for dissolving the marriage.
Steps to Challenge Triple Talaq
If a woman becomes the victim of triple talaq she can do this;
Filing an FIR: FIR can be lodged by women against their husband for passing Triple Talaq. The offense comes under the category of cognizable offense meaning the police can arrest the accused without a warrant.
Seeking Legal Aid: There are many NGOs as well as Legal Aid cells that extend help and information to females suffering from Triple Talaq. They help in reporting cases, seeking Orders for Police Protection and Orders for Spousal and Child Support, among others.
Approaching Family Courts: Many times women can go to the family courts to seek maintenance, custody of children and or other forms of relief. The courts safeguard the rights of the women and children.
Support from Women’s Commissions: State & National commissions for Women prove to be valuable assets for the women victims of Triple Talaq. They engage in counseling, offer legal assistance and ensure that they have to follow up on cases to write justice.
Alway bear in mind that the situation may vary based on specific circumstances and local laws. Seeking advice from a legal professional is essential for understanding the best course of action in a particular case.
Provisions Under the New Law: Maintenance, Divorce, Guardianship, and Contested Divorce
The new legal changes include better rights and protection for Muslim women in terms of maintenance, easier and better divorce opportunities, custody and also the Shariah opposing divorce.
Maintenance:
Right to Maintenance: Muslime women have a legal right to seek and obtain maintenance during marriage, in case of dissolution of marriage and till she marries again or becomes capable of earning. The amount is required by the court under the consideration of the husband’s earning ability and the woman’s requirement.
Divorce:
Types of Divorce: The women’s rights under Muslim Law include Khula, an Islamic divorce initiated by the wife or Talaq-e-Tafweez, an authorized right of divorce by the wife.
Legal Grounds: These are grounds such as cruelty, desertion, and failure to provide maintenance among others.
Child Custody: The mother can apply or fight for the custody of a child; however, granting the custody depends on the judge or the court of law, and their preservation of the child’s best interest.
Visitation Rights: Among the rights awarded to non-custodial parents is visitation rights.
Contested Divorce:
Filing for Contested Divorce: Women have grounds to file for the case due to reasons such as cruelty, adultery or desertion.
Legal Procedure: A petition needs to be filed in family court, and the court will cross examine both the parties taking the available evidence into consideration.
Relief Measures: Maintenance and child custody may for instance be ordered by the court during and after proceedings.
These provisions discuss the purpose and intent of the provisions to provide justice and equality to the Muslim women and give them better legal protection and rights.
Social and Economic Impacts On Women
It is important to understand that the criminalization of Triple Talaq is aimed at improving the status, security, and protection of Muslim women. It also deals with the unreasonableness of the situation that resulted in women being stripped of their freedom with no source of income, and banished from society. This way legal protection has been availed to women who have rights and justice to demand.
On Society: Triple Talaq Bill is a revolutionary landmark in providing justice and equality to gender and minority. In addition to this, it acts as a strong reaction against discrimination especially as it pertains to Muslim women in India.
Economic Empowerment: It assists in the emancipation of women through fulfillment of maintenance and financial support by the ex-husbands. It allows them to live productive and respectable lives, something that they can easily lose because of an easily terminated marriage.
Impending Issues & Strategies For the Future
Social Acceptance: Even after passing the law, social acceptance of Triple Talaq abolition is still a problem in most societies. More attention should be paid to the awareness campaigns, studying the rights of women so that people are aware of the law and respect it.
Enforcement: Compliance with the provisions of the law must be keenly enforced. It also entails the act of raising the awareness of the police and the judiciary on the challenges faced by Muslim women and guaranteeing that they are availed of justice as early as possible and in equalways.
Community Involvement: Establishing a collaborative message from religious leaders and individuals from the community that have women’s rights as an agenda can assist in overcoming resistance while spreading the message of gender parity in the Islamic nation.
Conclusion: The Triple Talaq bill has been passed recently which has helped in the struggle for women’s rights and freedom in India. The reformists of Muslim personal laws have gone a long way to break the barriers, to make legal changes but still a lot needs to be done to effect these changes and to change the reality of empowering the Muslim women. There is hope for adopting a society where each and every person is protected and treated with fairness and dignity by guiding people on ways on how they can contribute towards raising awareness, supporting enforcement of the law.
Triple Talaq, the evil practice used to oppress the females in the house and outside, has not only seen light but also de-legitimized by the judiciary, legislature and most importantly civil society. When proceeding further we have to come out with more support to the women and should strive to uphold the principles of equality and justice for women in all the parts of this culturally so rich and vast country of India.
