Talaq

TALAQ

Indian Supreme Court recently gave revolutionary judgment on triple talaq case. There was a big debate on news channels and media about pros and cons on triple talaq. As it is a highly debated issue, we need to know about it in detail before passing any comment or statement.

Talaq is Arabic word which means “to release”. In simpler words, divorcing your wife by uttering talaq three times is known as triple talaq in Islamic culture. It is an irreversible divorce which is practised by men.

Under this rule, attendance of wife is not mandatory at the time of pronouncement. Neither they deserve a reason for talaq nor they can divorce their husbands on their own accord. Even man wants to remarry his divorced wife, he has to perform Nikah halala(practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again order to be able to remarry her former husband).

What is Instant Triple Talaq?

Now a days, with the budding technology, even the technique of divorcing has advanced. These announcements are even made over skype, WhatsApp, call, messages etc. This is known as Instant Triple Talaq.

Actual Muslim law states that there should be a gap of at least one month between each talaq proclamation so that the husband has time to think and reconsider his decision.

This instantaneous unilateral way of divorce which is considered alien by Islam should not be followed. This goes against the rights of equality and women empowerment which propagates the dominance of men over women. This practice is often called as regressive and unethical. Many Muslim countries like Pakistan, Moscow, Bangladesh etc has outlawed this but still some of the people are following this lopsided practice.

Zakia Soman, one of the cofounders of the BMMA (Bhartiya Muslim Mahila Andolan), toldAl Jazeerain an earlier interview that “In the course of our work, we have regularly been approached by our sisters, complaining about mistreatment and misuse of the oral talaq system. In most cases, men go scot-free and believe their action is approved by the Quran”.

But obviously some oppose the banning as well. Some Muslim and religious groups infer in the banning of a traditional practice which is sanctified by Sharia as interfering in religious aspects. Political parties making triple talaq more of a political issue than the real human issue itself. This somehow degrades the condition of Muslim women.

Though, recent Supreme Court judgment stated that instant triple Talaq is unconstitutional and advised the government to form the framework and law accordingly.

Bhartiya Janata Partyformulated a bill and introduced it in the Parliament after 100 cases before the court since the Supreme Court judgement in August 2017(Shayara Bano v. Union of India & Others.)On 28 December 2017, the Lok Sabha passed The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill made instant triple talaq (talaq-e-biddah) in any form — spoken, in writing or by electronic means illegal and void, with up to three years in jail for the husband and it is a non bailable offence.

So Muslim man cannot use this practice. This is a much-needed relief for Muslim women in India and one more step ahead in gender equality in the Muslim community. These kinds of religious practices and laws should change with time for development of society.

“It takes one pleasant gesture to make someone’s day happy,

And only three words to destroy someone’s life.”

- Anonymous

-Thank You

Parul Alag