In a 397-page decision, two judges upheld the validity of the immediate triple talaq (talaq-e-biddat), but the other three judges ruled it unconstitutional and banned the practice by a majority of 3 to 2. [66] [65] [67] A judge held that the immediate triple talaq violated Islamic law. [66] The court ordered the central government to enact a law regulating marriage and divorce in the Muslim community within six months. [68] The Court stated that until the government drafts an immediate triple talaq law, there will be an injunction against husbands who announce immediate triple talaq to their wives. [69] [70] The triple talaq law proposed by the previous Modi government became obsolete when an election was called and the Lok Sabha was dissolved before the bill was sent to the Rajya Sabha for approval. The government cited the example of many predominantly Muslim countries, including Pakistan, that have banned triple talaq. So far, the government has not investigated the extent of triple talaq among Muslims – a fact, as legal experts point out. Shah Bano case (1985): The Supreme Court ruled in his favour in 1985 under the wife, child and parental maintenance provision of the Indian Penal Code (Section 125), which applied to all citizens regardless of religion. It also recommended the creation of a uniform civil code. [1].
See generally Shayara Bano v. Union of India and Others, Unpublished Judgement of 2017 (India), indiankanoon.org/doc/115701246/; see also Lauren Frayer, India Bans `Triple Talaq` Custom That Muslim Men Use to Divorce Their Womenves, NPR (August 2, 2019), www.npr.org/2019/08/02/747719482/india-bans-triple-talaq-custom-that-muslim-men-use-to-divorce-their-wives. “Talaq does not extinguish their economic rights, [the ban] is not a magic wand that will solve all their problems. We have created the image that Muslim women have no rights because husbands can pronounce triple talaq,” she said. The bill follows a 2017 Supreme Court ruling that the practice of immediate triple talaq is unconstitutional and that a divorce pronounced by pronouncing talaq three times during a session is void and illegal. India has banned “triple talaq,” a way Muslim men divorce their wives by pronouncing the Arabic word for divorce three times. India is home to 180+ million Muslims and one of the last places where this was legal. Triple Muslim petitioner Ishrat Jahan welcomed the bill when it was introduced. Arif Mohammad Khan also welcomed the decision of the Indian government and parliament. [19] FRITTER: Well, yes. Many Muslim clerics who are men are not happy. But for many Muslim women, it is the result of a long struggle.
They received support from India`s Supreme Court, which ruled two years ago that triple talaq violated the Indian constitution. Triple talaq is a form of divorce practiced in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The announcement can be made orally or in writing or, more recently, by electronic means such as telephone, SMS, e-mail or social media. The husband did not need to give a reason for the divorce, and the wife did not have to be present at the time of the announcement. After a period of identity during which it was determined whether the woman was pregnant, the divorce became irrevocable. [20] [21] In recommended practice, a waiting period was prescribed before each promulgation of the Talaq, during which reconciliation was attempted. However, it has become customary to make all three statements in one sitting. Although the practice was frowned upon, it was not prohibited. [22] A divorced woman could not remarry her divorced husband unless she first married another man, a practice called Nikah Halala.
“Why should I blame for what he did? He comes out clean, but although I tolerate everything, I look like I`m the bad guy,” Khalida told the BBC. Their struggle continues for the moment. The AIMPLB has opposed what it calls state interference in the personal laws of the Muslim community, which makes up nearly 14 percent of India`s 1.3 billion people. You also say it established double standards. I mean, if a Hindu man leaves his wife, for example, it`s a civil matter. She can file a civil suit if she has been treated unfairly. But under this new law, if a Muslim man does exactly the same thing under triple talaq, it is a criminal offense. And he can go to prison for up to three years.
[12]. Zokia Soman, No More “Talaq Talaq Talaq”: Muslim Women Call for a Ban on Un-Islamic Practice, BHARATIYA MUSLIM MAHILA ANDOLAN (December 19, 2019, 9:00 p.m.), bmmaindia.files.wordpress.com/2016/01/triple-talaq-report.pdf. [11]. Muslim Women Bill, 2019, No. 82, Acts of Parliament, 2019 (India); Saif Khalid, What is triple talaq or instant divorce?, ALJAZEERA (22. August 2017), www.aljazeera.com/indepth/features/2017/05/tripple-talaq-triple-divorce-170511160557346.html. Triple Talaq: Muslim Women in India Struggle with Instant Divorce “Talaq” means Talaq-e-biddat or any other similar form of Talaq that has the effect of an immediate and irrevocable divorce pronounced by a Muslim husband. The Muslim Women (Protection of the Right to Marriage) Act 2019 was introduced in Lok Sabha on 21 June 2019. Although there is no consolidated data across the country showing the dissolution of Instant Triple Talaq and Khula, The Hindu newspaper noted that many Darul Qazas – Islamic arbitration centres – have seen a significant increase in the number of women seeking Khula in recent months. AIMPLB issued a code of conduct for Talaq in April 2017 in response to the controversy over the practice of triple Talaq. In most cases, men escape unscathed, believing that their actions are approved by the Quran,” Zakia Soman, one of BMMA`s co-founders, said in an earlier interview with Al Jazeera. But the All India Muslim Personal Law Board (AIMPLB), a non-governmental organization that aims to educate Muslims on the protection and enforcement of Islamic laws, opposed the decision to ban triple talaq and polygamy.
The latter is illegal in India. While in talaq-e-biddat talaq is said three times in a row, which makes the divorce immediate. [9] Talaq-e-biddat is not recognized by either the Qur`an or the Hadith, but talaq-e-biddat dates back to the second century. The Talaq-e-Biddat form of divorce is recognized only by a few Sunni schools, especially the Hanafi sect, but these schools consider Talaq-e-Biddat a sinful form of divorce. [10] On 13. In May 2017, during hearings leading up to its final decision, the Supreme Court described immediate triple talaq as the “worst form of dissolution of marriage.” .