In this triple talaq essay, we will learn about triple talaq, different types of divorces & parliamentary proceedings related to triple talaq.
Talaq is an Arabic word meaning divorce, it is an Islamic divorce process means a quick and irreversible divorce.
After Triple Talaq there are Indian Muslims and people who follow Islam from different countries.
In the triple talaq, a Muslim husband divorces his wife by pronouncing the words “talaq, talaq, talaq” at once.
Once this is spoken, the marriage becomes void. It applies in both oral and written forms.
In recent times, digital formats such as email, sending to WhatsApp are valid.
History of triple talaq:
This divorce is one of the 1300 year old custom among Muslims, especially Sunni Muslims.
In India, according to the 2011 census, this divorce practice affects about 8% of the Indian women population, especially women over 60 years of age.
It comes under personal law by Indian Muslims.
Triple talaq is the practice of divorce under Sharia law (Islamic law).
Different types of divorces:
In general, according to Islamic law, there are different types of divorces for men and women.
For men, under Islamic law, there are three types of divorces, such as talaq-e-biddat (triple talaq), hasan and ahsan.
The main difference between these divorces is that the triple talaq is irreversible, while the other two are reversible.
Triple talaq is an immediate divorce while the other two take some time and are not immediate.
In the case of women, a traditional “fiqh khul” or also known as “kula” allows a woman to divorce her husband through mutual consent or judicial decree of the husband.
Its reference is also available in the Holy Quran or Hadees, it is known as the saying of Prophet Mohammad.
Recently, the Union Cabinet promulgated an ordinance to make triple talaq (divorce-e-biddat) a punishable offense and President Ram Nath Kovind has also given his assent to this ordinance.
It is noteworthy that this bill was not passed in Rajya Sabha after it was passed by Lok Sabha. However, bringing this ordinance is considered a sign of impatience. Also, read triple talaq essay conclusion.
The Muslim Women (Protection of Rights on Marriage) Bill, which was approved by the Lok Sabha, sought to legalize the 2017 Supreme Court ruling, which declared the talaq-e-biddat or triple talaq as illegal.
It is notable that the triple talaq bill was first introduced in the budget session and the monsoon session of Parliament.
The Muslim Women (Protection of Rights on Marriage) Bill, approved by the Lok Sabha, sought to legalize the Supreme Court ruling of 2017, which declared talaq e biddat or triple talaq illegal.
It is remarkable that the triple talaq bill was introduced earlier in the budget session and monsoon session of Parliament.
In fact, despite notice for these amendments, the bill was not passed by the Rajya Sabha in the previous session due to lack of agreement. Also, read triple talaq essay conclusion.
Major provisions of current ordinance:
The bill provides for three years of imprisonment and punishment for this form of divorce.
However, the new law includes provisions for bail to the suspect’s before the start of the trial.
Immediate triple talaq continues as a “non-bailable” offense
Another protection has been included in this provision that is, the police can file an FIR only on the basis of complaint of the victim wife or by her blood relations or her relatives.
It may be noted that non-relatives or neighbors cannot file a complaint under the proposed law.
Immediate triple talaq is a combined provision, which allows the wife to withdraw a complaint or contact a magistrate to settle a dispute.
According to the new provisions, bail cannot be granted at the police station while the accused can approach the magistrate for bail even before the trial.
These amendments will not only prevent third parties from enforcing criminal law against an individual but will also increase the likelihood of marriage by allowing bail and settlement.
Meaning of current ordinance:
This is a matter that requires discussion, especially after serious objections to certain provisions of the bill passed by the Lok Sabha.
Even if the bill concerned has not been approved by the Upper House of Parliament.
Indeed, through this ordinance, the Center wants to show that it is devoted to the interests of Muslim women however, the lack of agreement in the House may not be sufficient reason to issue an ordinance.
In this situation, the Law Minister says that following the order of the Supreme Court last year, it was a mandatory requirement to bring an ordinance for immediate action on this subject.
He says that after the Supreme Court banned triple talaq in August 2017, 201 cases were reported from across the country.
Also 430 cases have been reported from January 2017 to September 2018.
The government whispered that opposition parties were not supporting the bill pending in Rajya Sabha due to ‘vote bank pressure’.
However, the opposition parties have asked on behalf of all women’s groups that ‘who will pay the care and / or subsistence allowance to women and children when a victim’s husband is jailed?’
Opposition parties say that in such a situation why women and children should not get rights in husband’s movable and immovable property?
However, the government says that under these provisions, a magistrate can use discretion to grant bail to her husband after hearing the victim wife.
Also, the magistrate will also have the power to decide the amount of compensation and subsistence allowance for the victim and his minor children.
Conclusion of triple talaq essay:
The declaration of an ordinance on the triple talaq issue is a constitutional reform, a small part of social reforms.
Indeed, any social change occurs only after going through a comprehensive process, there is no doubt that the law for triple talaq needs to be enacted immediately, but this is a matter which requires serious discussion and social support.
We should keep in mind that the ordinance should not be the only option apart from this, it also needs to be ensured that no decision is made only for political advantages.