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Triple Talaq And Muslim Women's Right

When one has rights all of his life, that is when he has lived a "right life." Every human is born free; they are free to choose their own path in life and are not entitled to a "right life" if someone interferes with their ability to live a full life, ties them against their will, and commands them to do so to benefit themselves at the expense of others, robbing them of their joy and respect for their own pleasure.

Muslim women's rights require several elements, like education, legal rights within marriage and divorce, political engagement, and social freedoms. Islam encourages the equality and dignity of all persons, regardless of gender. Interpretations of Islamic doctrine and local customs, however, may result in variations in women's rights in various circumstances. Legal changes, community activity, teaching, and promotion within Muslim communities are all part of the movement to improve the status of Muslim women. The goal is to enhance gender equality and justice while embracing cultural variety and local circumstances.

Talaq is one of the huge factors that affect the rights of Muslim women in various ways. There are two types of talaq. i.e. Talaq-ul-Sunnah and Talaq-ul-Biddah. Talaq-ul-Sunnat is a form of talaq which is effective according to the traditions of the Prophet and Talaq-ul-Biddah is the form of talaq which is introduced by the 'Umayyads' to escape from the strictness of law. Triple Talaq comes under the Talaq-ul-biddah. This type of Talaq is considered sinful, as it is recognized among the Hanafi.

Triple Talaq can have a significant negative effect on women for many reasons. Triple Talaq is a repudiation of a wife, it permits husbands to repudiate their wife without their consent. Triple Talaq can also have effect on the children, they may face difficulties without the proper arrangements of Custody.

The term "talaq," which originates from the Islamic rule of law, has important cultural, social, and legal significance for Muslim communities around the globe. The objective of this study is to present a thorough analysis of Talaq, examining its religious foundations, historical background, numerous procedural details, and modern interpretations. After analyzing the Hadith narrations and Quranic roots, the study explores the development of Talaq practices in various Islamic schools of thought.

It explains the circumstances and procedures for each of the three talaq types: Talaq-e-Ahsan (the most popular kind), Talaq-e-Hasan, and Talaq-e-Biddat (innovative divorce). The quick divorce known as "triple talaq," which is performed in some Muslim communities, has generated a great deal of discussion and controversy in both Islamic law and the general public.

While several scholars believe that, under certain readings of Islamic law, triple talaq is a legal form of divorce, others believe it to be at contradiction with the spirit of Islamic teachings and the concepts of justice and fairness. Triple talaq supporters argue that it might result in arbitrary and coercive divorces, leaving women defenseless and without adequate representation.

Since triple talaq can put women at a disadvantage both socially and economically, experts claim that it violates the values of justice, equality, and fairness in marriage. Some who oppose it claim that it violates women's rights since it denies them agency and the chance to get due process during divorce procedures.

Many nations, including India, have passed laws restricting or outlawing the practice of triple talaq in response to worries about women's rights and gender equality. The Muslim Women (Protection of Rights on Marriage) Act, 2019, for instance, prohibits the use of triple talaq in India and gives Muslim women legal protection against its abuse.

How Talaaq Affects Muslim Women?

Triple Talaq adversely affect women in several ways. The victim women have had enough of what they see as an out-of-date, patriarchal system that destroys their lives and leaves them homeless. Muslim women lack the same benefits, and although they are eligible to receive a little allowance for three months following a divorce, women who are deserted by their husbands are not entitled to alimony. In modern India, it is recognized that a Muslim husband has the entire right to divorce his wife at will, without giving any explanation, literally at his desire, even in fun or while intoxicated, without going to court, and even while the woman is not there.

A survey by Bhartiya Muslim Mahila Andolan found that 95% of divorced women received no maintenance from their husbands. According to the Census 2011 data, out of all married Muslim women, 13.5 % were married before the age of 15 and 49% were married between 14 and 19 years of age.[1]

Shah Bano Case: Landmark Judgement:

Shah Bano case is a landmark case in India that had a big impact on how Muslim women should be treated and how personal laws are viewed. The Judgement of the Shah Bano case was delivered by 5 members of the bench of the Supreme Court on April 23, 1985. Shah Bano Begum was a Muslim Woman and had married for 43 years before her husband divorced her in 1978, it became the foundation of the case. After the divorce, she filed for Maintenance from her husband under Section 125 of Crpc (Criminal Procedure Code), which provides that spouses, dependents, children and parents who are unable to support themselves are eligible for maintenance.

The local court concluded in favor of Shah Bano and granted her maintenance. However, Muhammad Ahmed Khan who was the appellant of the case challenged the decision of the case and argued that section 125 of Crpc does not apply to Muslims as they are governed under personal laws[2].

Shayara Bano Case (Ban Of Triple Talaq):

Shayara Bano Vs. Union of India, better known as the 'Triple Talaq case', gave India a landmark judgement that declared Triple Talaq as unconstitutional. Shayara Bano's case led to the ban on the practice of Triple Talaq. Shayara Bano was a woman who survived domestic violence and dowry harassment and was later divorced by her husband through triple talaq. She filed the petition before the Supreme Court stating that Polygamy, Nikah Halala, and Triple talaq should be held unconstitutional as it violates Articles 14, 15, 21 and 25 of the Constitution of India.

Issue Of The Case:
  • Whether the triple talaq violates the Fundamental Rights of the Constitution?
  • Whether the Triple Talaq protected under Article 25 of the Constitution?
  • Does the Shariah Act give triple Talaq Applicability?

Judgement was declared by Justice Jagdish Singh Khehar, Justice S. Abdul Nazeer, Justice Rohinton Fali Nariman, Justice Uday Lalit, and Justice K.M. Joseph constituted the Bench. The Supreme Court judge ruled in favor of Shayara Bano and other parties. By a vote of 3:2, it ruled that the Triple Talaq practice was unlawful and instructed the legislature to take action to prevent the mistreatment of women. The Court in this instance emphasized that although the Hanafi School is the group that practices triple talaq the most, it is still a sinful practice[3].

Muslim Women's Right:

India is a secular country with its own sovereignty that accepts people from all around the world, regardless of their background or faith. Given its stated goal of treating all people equally and with dignity, India is a diverse nation. Based on 2017 estimates, there are 122 million Muslims in India, making up the third largest Muslim population globally and the largest Muslim-minority population overall. 10.3% of Muslims worldwide live in India, out of the total number of Muslims worldwide.

As per the 2011 census report, the number of Muslim women in India is over 84 million, whereas the number of Muslim men is over 88 million. This indicates that women in Islam have a lower birth rate than men. When we look at the demographics and statistics for the year 2011, we find that out of the 84 million Muslim women in the population, only about 1.7 million are graduating. However, if we look at the men, we find that over 3 million have graduated. After that, if we look at the marriage patterns among Muslims, we find that a total of almost 43 million women marry, and only 37 million men do the same.

Statutes That State the Rights of Muslim Women's:

  1. The Muslim Women (Protection of Right on Divorce) Act, 1986:
    A suitable maintenance and support should be provided to the Muslim woman (protection of rights on divorce) Act, 1986, specifically section 3(1)(a), which states that the previous spouse must provide her reasonable maintenance and support during the iddah period. The state Waqf board will pay the woman money if she is living alone, has no family or relatives nearby to take care of her needs and necessities, and has no means of supporting herself financially or otherwise.
  2. Muslim Personal Law in India:
    Every Indian Muslim is entitled to enact laws according to their own preferences, such as the 1937 Shariah Application Act. There are laws pertaining to Muslim marriage, divorce, and succession.

    Islamic perspectives on marriage and divorce:
    Muslims in India typically come to an agreement when they get married. Marital dissolution may occur when a man (talaq), wife (khula), or frequently (mubarat) encounters difficulties. In talaq-e-tafweez, the husband can understand and communicate talaq to his spouse or a third party. It is not necessary for the Muslim man to provide an explanation for their separation.

    Divorce is an option for women in a legal setting. One of the many reasons a woman may file for divorce is if her husband treats her badly because he has other wives, as stated in the Quran, or if she has other reasons that are deemed acceptable in accordance with Muslim law for the dissolution of marriage.
  3. The Muslim Women (Protection of the Right on Marriage) 2019:
    The Act declares null and void any talaq assertion, including those pertaining to constructed or electronic structures. Talaq-e-biddat (Triple Talaq) refers to the practice of training under certain Islamic norms in which a Muslim male declares the word "talaq" three times in a row. The act establishes talaq disclosure as a punishable infraction, carrying a maximum sentence of three years in prison and a fine.

Triple talaq is a type of divorce where the husband is the only one with this right and the marriage can be ended in a matter of seconds without a trace. The ladies are the ones who must endure the horrors of nikah halala if he realizes his mistake and wishes to make right. One of the nation's major rulings on personal law relates to the current issue. In terms of equity and social reforms, it is unquestionably a wonderful step, particularly in areas where they have long been required. The Court needed a long time to conclude that triple talaq is unlawful and destructive to society. They need to understand by now how important it is that the nation have a uniform civil code.

  • All India Reporter (hereafter AIR) July 1985, SC 945, Vol. 72, part 859, Mohd Ahmed Khan Appellant Vs. Shah Bano Begum and ORS respondent (from Madhya Pradesh).
  • Shayara Bano Vs Union Of India, AIR 2017 VOL.9 SCC 1

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