Wednesday, 15 June 2016

LAW OF TRPPLE TALAQ IN INDIA

DR. RUMI AHMAD, ASSISSTANT PROFESOR, JEMTEC SCHOOL OF LAW
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It is a Sunday morning and my maid came late. I was waiting for her and when the bell rang, I went to open the door. I started scolding her and then realized that today she is not answering back to me. She started her work and inbetween I heard that she was whispering. I asked her what happened? She started crying. Then she told me that her husband Riyaz pronounced triple talaq to her as she was late in prepearing dinner last night.
I was helpless. I had no words for her consolation. Just before two days I discussed with my students about the ban of triple talaq in class.
What is triple talaq? Talaq among Muslims is prouncement of a specific word talaq and when this utterance is for three times at a time by a Muslim husband to his wife, it is called triple talaq.
For the matters of marriage, divorce, mahr etc., Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act 1937. There is no codified law for the marriage and divorce for Muslims in India as compared to Hindus. For Hindus there is the Hindu Marriage Act, 1955. Therefore it is based on the interpretation of various surasand aayatsof Quranmade by the local clergy or the Maulanas.
Muslim Law in India is not codified in India. What constitutes a valid talaq is written in the quran itself which is known as talaq-ul-sunnat. This is a strict form of talaq and the quranic injunction is that divorce may be pronounced twice, then keep the husband and wife in good fellowship or let (them) go kindness. And if the husband divorces her pronounces talaq for the third time she shall not be lawful to him afterward until she marries another person. Accordingly, a talaq to be considered as a valid one the following requirements are essential:
·         A single prouncement or three pronouncement of talaq made in three consecutive tuhr period (tuhr is the period in which a woman is free from her menstruation course.)
·         In the case of non-menstruating wife, the three prouncements should be made during the successive intervals of 30days.
·         No sexual intercourse should take place during these three periods of tuhr
A single prouncement of talaq is revocable within the period of Iddat (Iddat is the waiting period of a divorced wife during which a woman cannot remarry). Talaq in the form of three prouncements made during three consecutive Tuhr periods is considered irrevocable after the third prouncement.
In order to escape from the strictness of laws on talaq another form was innovated which is popularly known as Tripple Talaq. As it is an innovated form, this is also called Talaq-ul- biddat. This form of divorce is sinful under Muslim law. It is defined as a divorce which is pronounced thrice in one sitting by a Muslim husband when the wife is in the state of purity (tuhr) even without a cause i.e., when a Muslim man says: "I divorce you, I divorce you, I divorce you.", the wife can be considered as a divorced one   The Sunnis believe that though this form of divorce is sinful and innovative, it is nevertheless valid and a irrevocable divorce will take place. When triple divorce is pronounced, the husband cannot remarry her.   Neither can he take her back nor can he go for fresh nikah with her until and unless she marries another person and that person divorces her on account of marital conflict or she becomes a widow.
The Holy Quran is very cautious about the sensitive issue of Triple Talaq. The Quran, which is the main source of Muslim laws & Hadith clearly forbids Triple Talaq. Though Quran doesn’t permit triple talaq but the practice of Triple Talaq among the Muslims is very popular and considered valid in India.Sunnis who are in majority among the Muslims in India, always believes in strict interpretation of the interpretation of the Holy Quran. It is shocking that Shia Muslims who preferred to interpret the Holy Quran in a liberal manner do not support the Tripple Talaq whereas among the Sunni Muslims it is very popular and a valid form of divorce.
An organisation viz., Bharatiya Muslim MahilaAndolan(BMMA) works in 11 states for the upliftment of Muslim women in India. The organisation conducted a survey amongst the women and found that almost 94% of the women supported that Triple Talaq should be banned.
The All India Muslim Personal law Board always opposes the ban of triple talaq. Now the validity of triple talaq is a matter under the supreme court of India. A Division Bench of Justices Anil R Dave and AK Goel issued notice on 28th March, 2016 to the central government to file a report within six weeks while responding a petition filed by one Shayara Bano (Petitioner) from Uttarakhand. Bano’s petition challenges the Constitutionality of Muslim practices of polygamy, Triple Talaq(talaq-ul-bidat). either banned or restricted in many countries like Iraq, Saudi Arabia and Pakistan but continues in India.
The unilateral, irrevocable and discriminatory practice of TrippleTalaq should be banned in India so that Muslim women can lead a life free from fear of being divorced by her husband like Rizwan for petty reasons and being neglected by family and society.either banned or restricted in many countries like Iraq, Saudi Arabia and Pakistan but continues in India.
either banned or restricted in many countries like Iraq, Saudi Arabia and Pakistan but continues in India.
either banned or restricted in many countries like Iraq, Saudi Arabia and Pakistan but continues in India.




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