Triple Talaq Essay: A Legal and Social Perspective

‘Talaq’ is an Arabic word, signifying dissolution of marriage when a Muslim man can severe all marital ties with his wife. Under the Sharia law (Islamic Law), Triple Talaq means liberty from the ties of marriage immediately by simply uttering the word ‘Talaq’ thrice. This instant divorce is called ‘Triple Talaq’ or ‘Talaq-e-Bidat.’ This is also often called Oral Talaq. Under the Sharia law that came into act in 1937, the practice of Triple Talaq was legalized and gave a special privilege to Muslim husband over his wife to break the relationship of marriage whenever he wanted to. This kind of divorce is irrevocable. 

What Does The Quran Say?

The message within the Quran is incredibly explicit about divorce. It leans more towards safeguarding marriage rather than dissolving it abruptly. The Quran sets certain norms to execute divorce, even as there are norms to sanctify marriage. “Those who intend to divorce their wives shall wait for four months.” The Islamic scripture demands time and patience in executing a divorce in the hope of continuing the union, knowing that the couple is bound to have differences. 

What is Triple Talaq?

Some Indian Muslims especially Sunni Muslims follow the system of Triple Talaq where the husband can divorce his wife by pronouncing the three words ‘Talaq, Talaq, Talaq’. It is a 1400 years old practice. In this practice, the husband is not required to mention any reasons for divorcing his wife. The Muslim wife cannot divorce her husband by using the practice of Triple Talaq. 

Over the years, Muslim women in India are living in perpetual fear of being thrown out of their matrimonial homes in no time because a Muslim man, if he decides, can end years of marriage just by saying the word "Talaq" (divorce) thrice.

Triple Talaq law

The Indian Parliament passed the Triple Talaq law, also referred to as Protection of Rights on Marriage Bill, on July 30, 2019, to make instant Triple Talaq a criminal offence.

The law also makes Triple Talaq a cognizable and non-bailable offence.  Ravi Shankar Prasad who was the minister of law and justice introduced the bill in the Lok Sabha on June 21, 2019, to replace an Ordinance promulgated on February 21, 2019. 

The Bill was pending for consideration in the Rajya Sabha for a long time due to the continuing disturbance of the working of the Upper House by some political parties. The practice of Triple Talaq divorce system was continuing, so there was an urgent need to take immediate action to prevent such a practice by making strict provisions in law.

The Supreme Court considered Triple Talaq unconstitutional as it is against gender law and against the principle of equality as a fundamental right per the Constitution and it is not fundamental to the faith of Islam in India.

In 1985, a woman named Shah Bano fought a case in the Supreme Court against her husband after he left her without giving her any alimony. The apex court ruled in her favor. 

Triple Talaq Void and Illegal 

According to Clause 3 of the Bill, “any pronouncement of Talaq by an individual upon his wife, by words, either spoken or written or in electronic form or in the other manner whatsoever, shall be void and illicit”.

Punishment for pronouncing Triple Talaq 

The Clause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished with imprisonment of three years and fine”.

Conclusion

India is a country of diversity of culture, religion and customs. In India, each religious community has its own set of laws based on their religious texts, which governs the family matters. However, a fine balancing has to be done between the right to practice any religion and social justice. Approval by the Parliament of the Triple Talaq Bill is the right step in giving social justice to Muslim Women.