LAW OF TRPPLE TALAQ IN INDIA
DR. RUMI
AHMAD, ASSISSTANT PROFESOR, JEMTEC SCHOOL OF LAW
________________________________________________________________________
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).
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.
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