What is the triple talaq?
Triple talaq is known as talaq-e-biddat means instant divorce.
It is a form of Islamic divorce which has been used by Muslims in India.
The term talaq is commonly translated as “repudiation” or simply ”divorce”. In classical Islamic law, it refers to the husband’s right to dissolve the marriage by simply announcing to his wife that the repudiates her.
It allows any Muslim man to legally divorce his wife by stating the word talaq. three times in oral, written or any electronic medium.
Types of talaq in Islam
Unlike other religions where marriage has been traditionally viewed as a sacrament, under Muslim law, marriage is a civil and social contract.
Talak-ul-sunnah of the divorce sanctioned by the prophet is subdivided into
1. Talaq-e Ahsan
2. Talaq Hasan
A bill passed on 26th July 2019 after a very long way in discussion and opposition finally got the judgment to all women.
The government verbalized a bill called “The Muslim women bill”
(Protection of rights on marriage).
In 2017, it was initiated in the parliament and passed on 28th December 2017 By the Lok sabha.
MPS from RJD, AIMIM, BJD INC, AIDMAK, and UML opposed the bill tabled in Lok sabha. by law minister Ravi Shanker Prasad. The bill faced stiff resistance in Rajya Sabha.
Then, the bill was finally passed by Lok sabha on 27th December 2018. With strong support. As the ruling BJP has the majority in the have of Lok Sabha of the Indian parliament.
The bill was passed by parliament on 30th July 2019.
The Muslim women bill got perished Ram Nath kovind’s assent on 1st Aug. 2019. Hence has now become a law.
The government tabled the triple talaq bill on 30th July 2019 in Rajya Sabha.
And after the lengthy debate, the triple talaq bill was passed in the Rajya sabha with 99 supports versus 84 votes.
The bill states that instant triple talaq is unconstitutional and divorce pronounced by stating talaq three times in one sitting void and illegal.
The bill makes talaq-e-biddah i.e. triple talaq. In any form spoken, written, or by an electronic medium such as SMS, email, Whatsapp, are illegal and void.
The rule states that if the man did these things then he has to suffer from 3years jail and provision and maintenance and custody.
It is celebrated as a big day for India. Muslim step ahead for scalar developed and modern India.
Rules of triple talaq
1. The talaq given by a sane, married adult will be valid.
2. The talaq given during sleep by the husband will be invalid.
3. The talaq given during the state of intoxication will be valid.
4. The female cannot divorce her husband, but under certain conditions, the wife can appeal to the qadhi (Islamic judge) to have the nikah annulled.
5. The talaq given in the state of anger will be valid since no one gives a talaq in a state of happiness.
Victims of Triple Talaaq
1. Up to man booked for giving to wife :
The accused’s wife alleged that on Saturday, she was thrashed by her in-laws following which her husband pronounce talaq thrice on her.
2. Gulshan Parveen :
33 years lady Gulshan Parveen fight is for a dignified life and the future of her five-year-old son. Her husband, who pronounced triple talaq to her five years ago, re-married in 2017, barely two months after the supreme court verdict that declared the practice unconstitutional.
“ Her husband pronounced triple talaq unilaterally. her only expectation from the case was to get a roof over her head because she was thrown out of her in-law’s house. ”
3. Aafreen Rehman :
30 years Aafreen Rehman, who holds a management degree, is without a job and struggling to continue the fight in a Jaipur court for her right to maintenance from her husband. She plans to approach law minister Ravi Shankar Prasad for some “kind of relief for the petitioners who led this fight”, she said.
“given triple talaq through the post. The biggest achievement is that there is clarity that this kind of talaq is illegal. I had nothing to fall back on. I was unsure about my status”.
4. Shayara Bano
38 years Shayara Bano is a victim of domestic violence, the husband divorced her through the post. She said ”A victory for women in my position but now women like me, fighting for custody rights, should be granted some consideration. I want the right to meet my children”.
5. Ishrat Jahan
32years Ishrat Jahan’s husband gave her triple talaq over a phone call
She said, “I’m trying to ensure two meals for my children and their education”.
Anti triple talaq proves that the ability for women to enjoy their right to control and benefit from the resources, assets, income and their own time as well as the ability to manage risk and improve their economic status and well being.
By this rule, we have taken a step ahead towards women empowerment. Women are stronger than she thinks she is. And it proves that their feelings do matter. She has rights to live independently and proudly. I have seen too many sunrises to ever doubt the beauty of new beginnings.
The government has done its part to give justice to women when their spouses decline to offer maintenance money. Women have suffered a lot all over the world and more so, in the areas where religions are everyday living rather than the uniform code or law in the civilized world.
Equality for women in marriage and after divorce is the only solution and that can be achieved only by a uniform civil code or law in marriage. So I just want to say all women’s out there “you’ve tried enough darling. It’s time to let go.” So be strong and beautiful.