Triple Talaq, also known as talaq-e-biddat , instant divorce and talaq-e-mughallazah (divorce irrevocable), is a form of Islamic divorce that has been used by Muslims in India, especially Sunni Hanafi Sunni schools of thought. This allows every Muslim man to legally divorce his wife by declaring the word talaq (the Arabic word for "divorce") three times in oral, written, or newer form, electronic form.
The use and status of triple talaq in India has been the subject of controversy and debate. Those who question the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Indian Government and Indian Supreme Court, and is connected to the debate on a uniform civil code (Article 44) in India. On 22 August 2017, the Supreme Court of India considered an instant triple talaq ( talaq-e-biddah ) unconstitutional. Three of the five judges in the panel agree that the practice of triple divorce is unconstitutional. The remaining two state the practice becomes constitutional while simultaneously asking the government to prohibit its practice by enacting the law.
Modi Government formulates a bill called the Muslim Women's Bill (Human Rights Protection), 2017 and introduced it to Parliament, which was ratified on 28 December 2017 by Lok Sabha. The bill makes instant talaq three (talaq-e-biddah) in any form - verbal, written or by electronic means such as email, SMS and WhatsApp illegal and void, with up to three years in prison for the husband. MPs from RJD, AIMIM, BJD, AIADMK and AIML opposed the bill, calling it arbitrary in nature and wrong proposals, while Congress backed a bill filed in Lok Sabha by law minister Ravi Shankar Prasad.
Video Triple talaq in India
Practice
Triple talaq is a divorce form practiced in India, where a Muslim man can legally divorce his wife by saying the talaq (the Arabic word for divorce) three times. The announcement may be spoken or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man does not need to mention the cause of the divorce and the wife does not need to be present at the time of the announcement. After a period of iddat , as long as it is certain whether his wife is pregnant, the divorce becomes irrevocable. In recommended practice, waiting periods are required before each announcement of talaq , as long as reconciliation is attempted. However, it is common to make all three statements in a single sitting. While the practice is favored, it is not prohibited. A divorced woman can not remarry with her divorced husband unless she first marries another man, a practice called marriage halal . Until she remarried, she retained custody of preteen boys and girls. Beyond that limit, children are under the guardianship of the father.
Triple talaq is a 1400-year-old practice among Sunni Muslims. It is "real arbitrary" and allows a man to "break (a) marriage in a strange and fickle manner".
Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is also largely disapproved by Muslim law scholars. Some Islamic countries, including Pakistan and Bangladesh, have banned it, although it is technically legal in the jurisprudence of Sunni Islam. Triple talaq, in Islamic law, is based on the belief that the husband has the right to refuse or dismiss his wife for good reason. If the wife wants to end her marriage and her husband does not agree to give talaq, she must abide by the process under the Dissolution of Muslim Marriages Act. As far as the Shari'a is concerned it is necessary to obtain liberation from marital ties by a husband who agrees with it, by granting a Khula, or if he refuses to seek marriage (faskh) upon the order of a sharia judge (qazi).
The All India Muslim Personal Law Board (AIMPLB), a non-governmental organization, has told the Supreme Court that women can also pronounce triple talaq, and can execute marriage governing conditions so husbands can not pronounce three talaq. The practice of instant divorce has been banned in 22 Muslim-majority countries, including Pakistan.
In September 2016, AIMPLB submitted a written statement to the Supreme Court in response to a petition by Shayara Bano and others against triple talaq. It states that "Sharia gives the right to divorce to a husband because men have greater decision-making power."
The government has set up a ministry committee to consider the law to end three instant talaq
Maps Triple talaq in India
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Muslim family affairs in India are governed by the Muslim Personal Law Application Law (Shariat), 1937 (often called "Muslim Personal Law"). This was one of the first measures adopted after the Indian Government Act, 1935 became operational, introducing provincial autonomy and dyarchy forms at the federal level. It replaces the so-called "Anglo-Mohammedan Law" which previously operated for Muslims, and became binding on all Indian Muslims.
Sharia is open to interpretation by scholars (class of Muslim scholars). Sunni cleric Hanafi considers this form of divorce binding, provided that the statement was made in front of a Muslim witness and then confirmed by a sharia court. However, the scholars of hadith Ahl-i Hadith, Twelver, and Musta'li do not regard it as appropriate. The Aparna Rao scholar stated that, in 2003, there was an active debate among scholars.
In traditional Islamic jurisprudence, triple talaq is considered a form of divorce that is specifically not approved, but legally valid. Changing social conditions around the world has led to increasing dissatisfaction with traditional Islamic divorce laws since the early 20th century and various reforms have been conducted in various countries. Contrary to practices applied in most Muslim-majority countries, Muslim couples in India are not required to register their marriages with civilian authorities. Muslim marriage in India is considered a private matter, unless the couple decides to enroll their marriage under the Special Marriage Act of 1954. Due to these historical factors, the examination has been placed on the unilateral husband's unilateral rights by the governments of other countries and the triple talaq ban is not applied in India.
Opposition
This practice faces opposition from Muslim women, some of whom file a public interest litigation in the Supreme Court against practice, calling it "regressive". The applicants requested section 2 of the Muslim Personal Law Application Law (Shariat), 1937, to be removed, describing it as contrary to Article 14 of the Constitution (equality before the law).
On May 13, 2017, during the trial before his final judgment, the Supreme Court described an instant triple talaq as "the worst form of marital dissolution". He noted that the habit was banned in Muslim-majority countries in Saudi Arabia, Morocco, Afghanistan and Pakistan.
On December 8, 2016, Allahabad High Court observed in the verdict that instant instantaneous talaq practice is unconstitutional and violates the rights of Muslim women.
In March 2017, more than 1 million Indian Muslims, the majority of whom were women, signed the petition to end an instant triple talaq. The petition was started by Muslim Rashtriya Manch, an Islamic organization affiliated with the right-wing Hindu nationalist organization Rashtriya Swayamsevak Sangh.
The petitioners against the instant Triple talaq have provided evidence showing how Instant Triple talaq is just an innovation that has little to do with the Qur'anic beliefs. This is supported by the interpretation of the Qur'anic text by many Islamic scholars, historical evidence and legal precedent.
On May 10, 2017, senior Maulana scholar Syed Shahabuddin Salafi Firdausi denounced talaq and married halal, calling them un-Islamic practices and instruments to oppress women.
This practice is also opposed by Hindu nationalists and Muslim liberals.
"The absence of consensus in the Court makes it more difficult to form consensus within the community, pleased that the Court set aside 'sinful practice'," said Congolese leader Kapil Sibal.
Support
Triple talaq has been supported by the All India Muslim Personal Law Board (AIMPLB), a non-governmental body overseeing the application of Muslim personal law. It spread that the State has no right to intervene in religious matters. AIMPLB's lawyer, Mr. Kapil Sibal said that although instant talaq can be regarded as a sin by some, but "the regulation of the customs and practices of the community is a slippery slope". Kapil Sibal quotes Article 371A to argue that even the Constitution does intend to protect the things of practice, traditions and customs of society.
The All India Muslim Personal Law Board (AIMPLB) defended the practice. In April 2017, citing a report prepared by Muslim Mahila Research Kendra in coordination with the Sharia Committee for Women, AIMPLB has claimed that Muslims have a lower divorce rate than other religious communities, arguing that Muslims have the highest number of divorces in the country because practice of triple divorce. He also claims that he has received forms from 35 million Muslim women across the country, supporting sharia and triple divorce.
AIMPLB issued a code of ethics in April 2017 on talaq in response to the controversy over triple talaq practice. He also warned that those who divorce for unspecified reasons under the shariat would be socially boycotted in addition to calling for a boycott against those who used triple divorce in vain and without justification. In addition, he also stated that it should be delivered in three sittings with a gap at least one month each.
Judgment
The bench who heard the controversial talaq Triple case in 2017 consists of multifaith members. Five judges from five different communities were Supreme Court Justice JS Khehar, a Sikh, Kurian Kursi Yusuf a Christian, RF Nariman a Persian, Hindu Lalit Law and Abdul Nazeer a Muslim.
The Supreme Court should examine whether Triple talaq has constitutional protection - if this practice is guarded by Article 25 (1) in the constitution which guarantees all fundamental rights to "recognize, practice and spread religion". The court wants to determine whether Triple talaq or not is an important feature of Islamic beliefs and practices.
In the 397-page rule, although two judges uphold the triple talaq's instant validity (tiq-e-biddat ), the other three judges state that it is unconstitutional, limiting the practice by the 3-2 majority. A judge believes that three instant talaq violate Islamic law. The bench asked the central government to declare legislation within six months to organize marriage and divorce in the Muslim community. The court said that until the government formulates a law on three instant talaq, there will be an order against husbands who declare three Instant talaqs on their wives.
According to The Economist , "Constitutional experts say [judges] legal considerations fail to enforce private rights over religious law," while noting "The verdict does not prohibit another form of Muslim divorce favoring men, only instant type. "
The Muslim Women Bill (Protection of Rights), 2017
Source of the article : Wikipedia
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