Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan name may be different but the pain and problems of all of these are same as they suffered from the same evil of the society called triple talaq. Someone received it on phone someone on WhatsApp or someone got it on a 10 rupees stamp paper. They suffered from this because their husbands have a magical spell TALAQ, TALAQ, TALAQ as soon as the guy utter this word thrice in any manner be it oral, written, or more recently, electronic form, he is free from all the responsibilities of her wife and he is not even bound to pay alumni after the period of Iddah.
This way of divorcing becomes a curse of the life of 9 crore Muslim women. Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is also largely disapproved by Muslim legal scholars. Several Islamic countries, including Saudi Arabia, Morocco, Afghanistan, Pakistan, and Bangladesh have banned it but Muslim women of India still got victimized by this practice.
What exactly is the triple talaq ( Talaq-E-Biddah)
Actually, Triple talaq( Talaq-E-Biddah) is a form of divorce practised in India by Muslim man according to which he can legally divorce his wife by pronouncing Talaq thrice in any manner be it oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. While pronouncing this word it is not necessary that his wife should be present and he not even needed any cause for divorcing her. In recommended practice, it is not allowed to man to pronounce the talaq thrice in one go instead after the 1st call of talaq the husband has to compulsorily wait for a wife’s iddah (menses) to complete before pronouncing another talaq. Not more than two talaqs can be pronounced during the course of iddah. Iddah is considered to be the three-month course. During these three month cycles, a man cannot give his third talaq. This had been envisaged so that the couple sorts out their differences in this period. After the period of Iddah, the divorce will be irrevocable.
This way of Triple talaq is Talaq-e-Sunnah, but nowadays what Muslim men ( not all but majorly ) follow the system of triple talaq (Tala-e-Biddah) in one sitting based on the practice from the time of Umar, the second caliph.
Once the talaq is finalized and the couple wants to reunite again than the woman has to go through the process of “Nikah Halala”. According to which she must have to marry another man, consummate the relationship and only after following the original procedure of Talaq-e-Sunnah then only will she be able to marry the former husband again.
Hon’ble Supreme Court judgement on instant triple talaq
Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri knocks the door of Supreme court against triple talaq. A five-judge Constitution bench was set up to hear the plea in May 2017. Then a question is raised due to article 25 of Indian constitution grants the right of religion as a fundamental right and if any decision is taken against the religion will it be a violation of the article of 25 or not?
The five-judge Constitution bench in which there are persons from different faith and they are,
the then Chief Justice JS Khehar, a Sikh, Justices Kurian Joseph a Christian, RF Nariman a Parsi, UU Lalit a Hindu and Abdul Nazeer a Muslim.
So for this Supreme court has reviewed whether instant triple talaq is fundamental to Islam or not and supreme court finds that
- This practice violates article 14 i.e. fundamental right of equality of the women facing triple talaq.
- Then it violates article 21 i.e. Right to life, it violates as women don’t have any liberty give consent on this talaq and they become helpless without any form of alimony.
And on 22 August 2017, in 397 pages ruling, though two judges upheld the validity of Instant triple talaq (talaq-e-biddat), the three other judges held that it was unconstitutional, thus barring the practice by 3–2 majority. One judge argued that
instant triple talaq violated Islamic law. The bench asked the central government to promulgate legislation within six months to govern marriage and divorce in the Muslim community. The court said that until the government formulates a law regarding instant triple talaq, there would be an injunction against husbands pronouncing Instant triple talaq on their wives.
In the light of Muslim Personal Law (Shariat) Application Act, 1937 the 2 judges the then CJI J.S.Khehar and Justice Abdul Nazeer differed and said while triple talaq may be sinful act, but court can’t interfer in the personal laws which have the status of fundamental right under the constitution. So parliament should bring a law thorugh which this practice can be ended.
Hence the Hon’ble Supreme Court verdict is:
- Blocked the use of Muslim divorce law until the government frames new legislation.
- 6 month of the period is given to the government by the court hence it is ban for said period.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017
This is not the first time when judiciary gives a verdict in favour of the victim of triple talaq before this also give a verdict in favour of the victim. Before this also Hon’ble Supreme Court had passed a great judgement of giving the right to Muslim woman of maintenance on monthly basis.
But that judgement didn’t get the support of the parliament and was overturned by a legislation passed by INC government in parliament with full majority,” Muslim Woman (Protection of Right on Divorce) Act 1986″.
But this time government upheld the 22 August 2017 judgement of Supreme Court and on 28 December 2017, a bill namely The Muslim Women (Protection of Rights on Marriage) Bill, 2017 is passed by voice vote in Lok Sabha. The bill proposes to make instant talaq, or uttering the word “talaq” thrice, illegal. The bill also includes a three-year jail term for a Muslim man who uses triple talaq. It would make instant talaq punishable and would be a cognisable, non-bailable offence.
The bill is presented in Rajya Sabha and it will be difficult for the government to pass this bill in the upper house. Should the triple talaq Bill be sent to a Select Committee or not? This question triggered a heated exchange of words in the Rajya Sabha, forcing an adjournment of the House for the day.
India is not the 1st country who is in process of making a law against triple talaq and have a ban on it but 22 Islamic nation including Pakistan and Bangladesh, had regulated instant triple talaq. We need to stop for a while and think that what it takes India to take this much time to take a reform in case of triple talaq. Why are our 9 crore Muslim sisters are facing this curse from more than 70 years? Why didn’t Muslim society and its elders take some steps against this evil practice till now and why still NGOs like AIMPLB opposing this practice even when it is not mentioned in the Quran or Sharia law.
The answer to all of these questions can only be given by the society and for that mindset of all the generations needs to be changed.