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A Voice Against The Crime Called Talaq-e-Biddat

Women's rights in Muslim personal law are a hot topic right now. These days, Muslim women's rights, particularly those relating to Triple Talaq divorce, inheritance, and maintenance, are getting a lot of press. The Constitution, on the other hand, guarantees Indians equal rights and freedom from discrimination based on gender or religion. In Muslim personal law, women's rights are protected. Especially the rights of Muslim women.

These days, the issue of Triple Talaq divorce, inheritance, and maintenance is getting a lot of press. Despite the fact that the Indian Constitution promises equality and freedom from discrimination on the basis of gender or religion, a variety of practices based on a callous conservative culture continue to exist. Much of Muslim personal law has remained unmodified, as far as we know, and the majority of legal decisions issued by courts are founded on Quranic and had ethic standards.

There are both positive and negative components to the major issue over how Muslim personal laws should be understood. According to certain scholars, Muslim personal laws have provided Muslim women significant rights such as marital choice, inheritance, and so on. In this line, the objective of this article is to study the ongoing debate in India regarding the implications of Muslim Personal Law and to propose possible alternatives for Muslim women's empowerment.

As a result, certain inconsistencies must be addressed by providing the true essence of the Holy Quran for the benefit of Muslim women's rights, and this article also discusses the advantages and disadvantages of the new bill...

Triple Talaq;
Islam is one of the oldest religions around the world today . Islam is criticized because of terror attract and because of their few laws like polygamy,Triple Talaq and halala system in which most contentious topic is Triple Talaq (Talaq-e-biddat) .in Islam there are two forms of Talaq (divorce).
  1. Talaq-Ul-Sunnat
    1. Talaq-ul-hasan
    2. Talaq-ul-ahsan
  2. Talaq-E-Biddat; (Triple Talaq Or Instant Talaq)

Talaq is an Islamic term for divorce that refers to the dissolution of a marriage when a Muslim man can cut all marital ties with his wife. According to Muslim law, Triple Talaq means freedom from the marriage relationship, either eventually or immediately, in which the man ends his marriage by simply saying the word �Talaq' three times. This is known as Triple Talaq, also known as Talaq-e-bidd.

The Muslim Personal Law (Shariat) Application Act of 1937 legalised and permitted the practise of Triple Talaq, which granted a Muslim husband special rights over his wife.

Shayara Bano Case
In 2016,Shayara bano; knocked the door of the Supreme court against the practice of Triple Talaq ,saying it was an unfair Practicce� and demanded its abolition in India .and she file a writ petition in the supreme court asking it to hold 3 practices:
Talaq-e-biddat (Instant Divorce)
Polygamy (State of marriage to many spouses)
Nikah halala (also known as tahleel marriage is a practice in which a woman, after being divorced by Triple Talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband)

Unconstitutional As They Violate Articcle 14 ,15 ,21 ,25; Of The Constitution.
The supreme court has in innumerable cases intervened related to Triple Talaq ( Talaq-e- biddat); impersonal laws. Be it either Shamim Ara V. State of U.P;;or Mohb.Ahmad Khan v. Shah Bano begum;or Danial Latifi V. Union of India; the Supreme Court has been Instrumental in reforming the personal legal position.

After accepting the Sahyara's bano petition , Apex court Formed a five judge constitutional bench on 30th march 2017. On 22nd of august 2017, the five judge bench pronounced its decision in the Triple Talaq case declaring that the practice was unconstitution by a 3:2 majority.;

Triple Talaq Law
Triple Talaq , also know as Muslim women (protection of rights on marriage) Bill,2019 was passed by the indian parliament as law on july 30,2019,to make instant Triple Talaq a criminal offence.

The Rajya Sabha passed the bill; with 99 votes in its favour and 4 against it .The Triple Talaq make instant Triple Talaq a criminal offence and provides a jail term of three years for Muslim men who commit the crime. The law also make the Triple Talaq a cognizable and non-bailable offence . According to clause 7© in chapter 3, said that whoever Pronounces Triple Talaq pon his wife shall be punished with imprisonment for a term which may extend to three years .

Conclusion
  1. Why does Triple-Talaq harm Muslim marriages, and how may prohibiting or declaring Triple-Talaq unconstitutional and void ensure women's freedom and equality?� is the central question.
  2. Triple Talaq will be considered a criminal act under the "Muslim Women (Protection of Rights on Marriage)" bill, and men will be sentenced to up to three years in prison, after which the welfare of Muslim women will be left to the discretion of the courts. There will be no time for compromise if the couple is sentenced to prison, and who would recompense them for their losses?
     
  3. How Triple Talaq; law; can ensure; of providing; freedom and equal rights; to Muslim women,; If Polygamy, Nikah Halala and other type of Talaq; (Talaq-ul-Hasan and Talaq-ul-Ahsan) are still in practice.

In terms of women's emancipation in the region, the verdict is noteworthy because it provides Muslim women equal rights. The court has given all societies a unique opportunity to argue for all progressive improvements in personal laws that touch all women, men, and children, as well as other reforms like the universal civil code (UCC). However, it remains to be seen whether declaring Triple Talaq unconstitutional will help Muslim women's status more than invalidation has.

Furthermore, such a measure will put a Muslim woman's rights against her social and cultural values, as under the new rule, her husband will be incarcerated for three years if he practices Triple Talaq. There is also a section that states that a complaint filed with the police by the wife or a blood relative will be noted, but considering the current status of women, it is unlikely that her blood relative will assist her in filing a complaint or anything similar. These are the few flaws in the new provision, which once again highlights the question of Muslim women's equality. Gender Equality Should Be Prioritized;

Suggestions
IN GENERAL, with men and women's Human rights equality having precedence over conservative religious academics' views. This can be done by adding a few interpretations and revisions to the new phrase, allowing it to be interpreted in the context of patriarchy and laws that give individuals secondary rank.

As an example, If an illiterate and unemployed Muslim woman's husband is imprisoned for violating the Triple Talaq Law, any blood relative of the husband's side or the government can compensate that woman for her livelihood for the time being or for the rest of her life. If she is illiterate or unable to earn a living,

The main goal of introducing all of these bills and laws is to stop Muslim women from being physically and mentally harassed. But, if polygamy and nikah halala are still in use, aren't they still infringing on fundamental rights? To improve the Triple Talaq Bill, additional amendments and more specific legislation are required.;

References:
  • Black's law dictionary, 7 th edition
  • M. P. Jain, Constitutional Law, 7th edition,
  • Durga Das Basu, Introduction to Constitution of India, 23rd edition,
  • V.N. Shukla, Constitution of India, 13th edition,
  • Neha Verma (2019). Triple Talaq. http://legalserviceindia.com/legal/article-26-Triple-Talaq.html


    Award Winning Article Is Written By: Ms.Ruchita Srivastava
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