Analysis Of The Ban On Triple Talaq

Shreya Jha, BA LLB, Symbiosis Law School, Hyderabad

Abstract

In this study of the given topic of “Ban on triple Talaq”, the paper will be discussing upon how the Islamic divorce practice, triple talaq1 or instant divorce prevailed in the society, causing a great degree of injustice towards muslim women even in this age age of modern times society. The use of this Islamic practice of triple talaq had been subjected to many debates and controversies. The questioning of this practice eventually raised the question of gender injustice, discrimination, against women, the sense of religion in terms of violation of human rights of the Islamic women. This misogynistic practice of triple talaq has received robust hatred and was discouraged in the world wide, throughout its existence.

“The Muslim Personal Law (Shariat) Application Act, 1937 governs Muslim family matters in India (often called the "Muslim Personal Law"). it had been one of the primary acts approved after the Government of India Act, 1935 went into effect, establishing provincial autonomy and a sort of federal dyarchy. It superseded the old "Anglo-Mohammedan Law2" for Muslims and have become obligatory on all Muslims in India”.

“The ulama3 have the authority to interpret Sharia4 (a class of Muslim legal scholars). The “ulama”of Hanafi Sunnis5 viewed this sort of divorce to be binding if made ahead of Muslim witnesses then approved by a “sharia” court”. “However, the “ulama” of the Ahl-i Hadith, Twelver, and Musta'li6 schools of thought disagreed.

According to Aparna Rao7, a scholar, there was an intense discussion among the “ulama” in 2003. consistent with traditional Islamic jurisprudence, triple talaq may be a severely condemned yet legally legitimate quiet divorce. Since the first twentieth century, changing socioeconomic situations across the planet have led to growing unhappiness with customary Islamic divorce law, and various modifications have been made in multiple nations”. “

Unlike in other Muslim-majority countries, Muslim couples aren't required to register their marriage with civil authorities in India. In India, Muslim weddings are considered private unless the team chooses to register their marriage under the “Special Marriage Act of 1954”8. due to these historical considerations, the checks that are imposed”. “Thanks to these historical causes, other nations' governments' constraints on the husband's unilateral power to divorce, also because the prohibition of triple talaq wasn't enacted in India. After some very rigours debate in the Supreme Court, On 1 August 2019, India made triple talaq illegal, amending the triple talaq rule enacted in February 2019”. “It states that immediate triple talaq (talaq-e-biddat)9 in any form – spoken, written, or by technological means like email or SMS – is unlawful and invalid, with the husband facing up to 3 years in prison. consistent with the new rule, an aggrieved mother has the proper to hunt support for her dependent children”.

Keywords: divorce, India, punishment, verdict, triple talaq, Supreme Court, Muslim, women, discrimination, wrong.