Triple Talaq, also known as talaq-e-biddat which means instant divorce.
It is a form of Islamic divorce used by Muslims in India to end the ties of
Historically, the principles of divorce were administered by the Sharia, as
deciphered by customary Islamic law, even though they varied relying upon the
lawful school. In Modern Times, as close to personal status (family) laws were
systematized. They, for the most part, stayed inside the orbit of Islamic Law,
however, authority over the norms of divorce moved from traditional jurists to
Triple Talaq is a form of divorce practiced in Muslims whereby the husband can
give divorce to his wife by pronouncing Talaq three times. At the time of
pronouncing the talaq, the presence of wife is not required; she can be given
Talaq without giving a valid reason to her. The expression "Talaq" alludes to
the repudiation of marriage by the husband under Muslim law. The act of triple Talaq has been prevailing since the old times in India.
Triple Talaq is an age-old practice among Sunni Muslims. This practice is not
referenced in the Quran and the Sharia law. According to the Quran, marriage is
planned to be unbounded in time the connection between the companions ought to
be founded on affection and the significant choice concerning the two life
partners should be made by mutual consent.
At the point when the matrimonial
harmony can't be accomplished, the Quran permits and encourages the life partner
to finish the marriage in spite of the fact that this choice isn't to be taken
lightly and the community is called upon to intercede by arbitrators from two
families to endeavor a compromise. The Quran sets up two further means to
maintain a strategic distance from rushed separations, it prescribes two waiting
periods of three months prior to the separation so as to give the spouse time to
rethink his choice, and a man who makes a vow not to have sex with his
significant other, which would lead to automatic divorce, is allowed a
four-month term to break his vow.
Sayings of Quran About Triple Talaq:
Talaq is a right given to men by Islam to separate from his significant other if
the marriage can't be continued for some reason. It is like khula, a right that
provides to a Muslim woman to separate from her better half if she feels they
can't live together happily.
The triple talaq doesn't mean saying or informing 'talaq' three times and making
an end to the marriage. But it means that the individual needs to wait for a
time of three months of a year. Within the stipulated time if there is change as
a top priority or the concerned issue is settled commonly, they sure can proceed
with the marriage.
There is genuine disarray nowadays (particularly in India) among both Muslim and
Non-Muslim individuals concerning talaq. It can never be said thrice at one.
Situation of Muslim Women In India:
In India the situation of Muslim women is extremely depressing. Women have been
socially, financially, physically, mentally and explicitly abused and exploited
now for the sake of religion and some time by the traditions and customs.
The minority area does qualitatively transform women’s involvement and
recognition in a particular manner and change in their status and job is
integral to understanding the development of the community. Since Muslims are
in minority in India, their women's position is far more detestable because
there is an endeavor to protect the community identity that Muslim women to
participate in development processes. As pointed out in one investigation, that
majority i.e., 69.75 percent of Muslim women would prefer not to teach their
little girls after their completion of primary education. Further many
middle-class ladies who have essential capabilities are not permitted to look
for work since 'respect of community' likely to get smeared. This has brought
about the general backwardness of Muslims and especially Muslim women in India.
Shayara Bano v. Union of India & Others
Mrs. Shayara Bano of Allahabad, who was separated from her husband through
Triple Talaq filed a writ under article 32. In her submission, she wrote This
practice with regards to Talaq-E-Biddat (one-sided Triple-Talaq) which treats
women like asset is neither agreeable with the advanced standards of human
rights and sexual orientation equity, nor a fundamental piece of Islamic
confidence, as indicated by different noted researchers. Muslim women have been
given Talaq over Skype, Face book, and even instant messages.
There is no
protection against such arbitrary divorce. Muslim women have limited options
while the guillotine of separation dangles unendingly prepared to drop at the
impulses of their spouses who appreciate undisputed power. She likewise
referenced that the governing body has neglected to guarantee the nobility and
uniformity of women by and large and Muslim women particularly when it concerns
matters of marriage, divorce, and succession.
She asserted that they abused a few basic rights under the Constitution of India
(Constitution) to be specific, Articles 14 (equality before the law), 15(1)
(prohibition of discrimination including on the ground of gender), 21 (right to
life) and 25 (\freedom of religion). Her request underscored how security
against these practices has significant ramifications for guaranteeing a life of
In this case court mainly focused on the Triple Talaq and set aside the
practice of Triple Talaq. Supreme Court by the majority of 3:2 held instant
triple talaq (talaq-e-biddat) unconstitutional under Article 14 read with
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018:
The practice of Triple Talaq was continued in spite of the SC striking it; the
government provided a law to make the practice illicit and void.
The arrangements of the statute are as per the following:
# According to Section 4 of the ordinance, any husband who pronounces
triple talaq to his wife shall be punished with 3 years imprisonment and fine.
# According to Section 3 of the ordinance, practice of Triple Talaq in
any form shall be explicit and void.
# Section 5 of the ordinance makes arrangement for maintenance to spouse
upon whom such Talaq has been articulated as chosen by judicial magistrate first
# Section 7 declares the offense to be cognizable and non bailable.
Complaint might be made to the police officer by such women upon whom such Talaq
has been articulated or by any individual identified with her by blood.
# The offense under this law has been caused compoundable on the
request of spouse and accused can be given only after hearing such wife.
The said law could be abused by Muslim ladies and they can utilize it as an
apparatus against the spouse notwithstanding when husband has not done anything.
This law does not accommodate any examination concerning the certainties whether
Triple Talaq has truly been articulated.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019:
After the expiration of triple talaq ordinance of 2019 on 29 August 2019,
government on 21st June, 2019 introduced a fresh bill in the Lok Sabha to
replace this ordinance.
On 25th July 2019 the bill was passed by Lok Sabha and it was passed by Rajya
Sabha on 30th July 2019 with 99 to 84 votes.
This Muslim Women (Protection of Rights on Marriage) Bill will now go to the
President of India Mr. Ram Nath Kovind for his assent. And ones it gets it
assent from the president it will replace the ordinance promulgated in February.
It has been a major win for the Modi Government after the Triple Talaq bill was
passed by the Rajya Sabha on 30th July 2019. Many countries like Bangladesh,
Pakistan, and Indonesia have outlawed this practice; there was no reason for a
democratic and secular country India to continue this lopsided practice. This
bill is introduced to protect the rights of Muslim women and to stop and ban the
ill practice of Triple Talaq.
 Andra Beitelle, 1975, The Position of Women in India Society” in India
Women (ed) Devki Jain, New Delhi, Publications Division Ministry of Information
Broadcasting Government of India, P. 63.