TRIPLE TALAQ

Triple talaq

Triple talaq, also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable divorce) was a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allowed any Muslim man to legally divorce his wife by uttering the word talaq (the Arabic word for "divorce") three times in oral, written or, more recently, electronic form.

The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional.  Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional.

 The remaining two declared the practice to be constitutional while simultaneously asking the government to ban the practice by enacting a law. India's Muslim neighbours are among 23 countries that have banned triple talaq already.  

The Quran established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision.  On 30th July 2019, Parliament of India declared the practice of Triple Talaq as illegal, unconstitutional and made it punishable act from 1st August 2019 which is deemed to be in effect from 19th September 2018.

The Supreme Court on August 22, 2017 declared the practice of triple talaq as unconstitutional and stated that it was vocative of Article 14 and 21 of the Indian Constitution. The three judges on the 5 judge Constitution bench decided against triple talaq while two ruled in favor. Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq needs to go while CJI JS Khehar and Justice Abdul Nazeer backed triple talaq.

On December 15, 2017 during the winter session of Indian parliament the lower house, Lok Sabha, cleared the Muslim Women (Protection of Rights on Marriage) Bill, 2017, to make the practice of triple talaq a criminal offence. As per the proposed law, the victim in such case can seek the custody of her minor children as well as maintenance from her husband by approaching a magistrate after she has registered a complaint with the police. The Law further states, that triple talaq in any form — spoken, in writing or by electronic means such as email, SMS or WhatsApp — would be banned.

Supreme Court issues notice on challenges to triple talaq law

The apex court bench on Friday issued notice to the Center on a set of PILs challenging the recent Muslim Women (Protection of Rights on Marriage) Act 2019, more popularly known as the triple talaq criminalisation.

Triple talaq: Muslim women coming out in large numbers to file FIRs in Uttar Pradesh

Uttar Pradesh is witnessing a spurt in triple talaq cases, with 216 FIRs filed by Muslim women since the enactment of a law which makes the practice of instant divorce a punishable offence.

The maximum number of 26 such cases have been registered in Meerut followed by Saharanpur and Shamli where 17 and 10 FIRs have been lodged respectively, a senior police official told PTI on Tuesday.

These three places in western Uttar Pradesh have a sizeable Muslim population.

“In UP, women given triple talaq are coming out in large numbers to register FIRs against their husbands. Within three weeks (till August 21) of implementation of the Muslim Women (Protection of Rights on Marriage) Act, 2019, as many as 216 FIRs have been filed in the state so far,” he said.

In eastern Uttar Pradesh, the highest number of 10 FIRs were registered in Prime Minister Narendra Modi’s constituency - Varanasi.

The main causes of triple talaq are dowry, property dispute and domestic violence as per the FIRs lodged.

However, except in two-three cases, no arrest has so far been made in the over 200 cases lodged.