Triple Talaq issue has drawn the political and national attention at an international level. Many muslim women are coming forward to ban this Triple Talaq in India, as the practice is not happening as per the holy texts of the Quran. India is third-largest country in terms of muslim population. Since British regime, They have been governed by the Islamic jurisprudence or Sharia Law(Law making body for Islam). Till date around 9 crore muslim women face the warning of a oral, sudden and out-of-the-court divorce.
When Bangladesh, Pakistan and other muslim nations have banned the practice of Talaq-ul-bidat or Triple Talaq, then why not India is the question?
Triple Talaq In Depth
Before that, Let us understand :
- What Triple Talaq means?
- What is the process Talaq in Islam?
- How some muslims are following Triple Talaq?
- why muslim women are opposing this move?
- why it should be banned in India?
What is Triple Talaq means?
As per Quran, Triple Talaq is a divorce process between a wife and a husband under Sharia law which happens in three occasions:
First Talaq (Verse – 228 in Quran):
Wife and husband can apply for first talaq under sharia law or any judicial body.
After application, the couple gets a chance to re-unite within a waiting period (called as iddah)of three menstrual cycles of the divorced women without following any rituals that are performed for a new marriage and without the requirement of new marriage contract. Now here women is not supposed to hide what Allah has created in their womb and trust in Allah and the final day.
At this stage, a husband is supposed to think for multiple times to bring her back to reunite and do self-assessment of responsibility and authority he needs to be.
And Allah is elevated in power and wise.
If the couple wants to live together happily within the mentioned time(i.e., iddah) then there will not be any marriage contract to be performed and divorced women can marry another person, but if the couple wants to reunite after the mentioned time then the reunited couple has to execute a new marriage contract and a new mahr(groom giving dowry to bride) as well and now the couple will be left out of with only two chances to get divorced in future.
Second Talaq (Verse – 229 in Quran):
After reuniting in the process of first talaq stage, if the couple wants to take divorce for some reasons or some other occasions then the same process is applicable during this stage also.
Nowhere, the couple should behave in an acceptable manner and treat each other well. There must not be any blaming activities between them.
And it is unlawful to take anything that is given until and unless both frighten that they will not maintain the limits of Allah.
And if the couple do not stay within the limits of Allah and start blaming each other then the wrongdoers will be sufferers according to the almighty.
If the couple is willing to stay together before the mentioned time then no need to go for a new marriage contract and if it is otherwise then the couple has to create a new marriage contract and they will be left with only one chance to get divorced in future.
Triple Talaq (verse – 230 in Quran):
After the couple gets reunited in the process of second talaq and if they feel that at some point of time in some occasion wants to take divorce, then they can approach Sharia law or any judiciary and follow the instructions as per the law and take divorce and cannot reunite anymore.
What is the process Talaq in Islam?
As per Muslim Law, there are two types of divorce, Judicial divorce and extrajudicial divorce. Again extrajudicial law is sub divided into three types:
- Divorce given by the wife – called as talaq-i-tafweez and lian
- Divorce given by the husband – called as ila, zihar and talaq
- Divorce with mutual consent – khula and mubarat
The word ‘talaq’ means letting loose, dismissal or setting free from marriage ties or restraints. According to Muslim law, talaq indicates attaining freedom from marriage bond and dissolution of the marriage bond by saying talaq three times in a row – talaq, talaq, talaq.
There are 2 classes of express talaq, talaq-i-biddat and talaq-i-sunnat. Further, talaq-i-sunnat is categorized into two kinds, talaq-i-ahsan, that is highly approved, and talaq-i-hasan, which is less approved. As per Islamic laws, talaq-i-sunnat is in acceptance with the verdict of Prophet Muhammad.
How some muslims are following Triple Talaq?
In today’s digital world, people have changed a lot along with the increase in the technology and the so called modern people say that utilize the technology and save the time keeping aside religious principles, rules and regulations etc.
In today’s generation of muslim religion, some husbands started Triple talaq to their distant wives just by mentioning talaq three times in a row instantly via social media such as Facebook, Skype, Whatsapp etc. this is an unfair practice according to Muslim law.
Why Muslim Women calls for a ban on Triple talaq in India?
In the recent times in India, more than 50,000 muslim women signed a petition striking for a ban on triple talaq.
BMMA(Bharatiya Muslim Mahila Andolan) is leading the movement and has asked the NCW(National Commission for Women) to interfere in this issue and put an end to this practice which muslim women say that it is violating the laws preserved in the holy Quran.
Many muslim women in India reported that there is an uncontrolled usage of triple talaq as men are saying talaq three times through text messages via facebook, twitter, whatsapp etc for no good reason.
Despite supporting women, qazis are supporting men raising to the angst of the muslim women.
Why it should be banned in India?
India respects and gives importance to ‘Fundamental Rights of India’ to every citizen of India. Triple talaq is exhibiting inequalities between women and men which is a deviation from the Fundamental Rights i.e., Right to Equality.
Triple talaq is creating many problems to Indian muslim women’s which not agreeable by the Indian society as some of the women are downed to streets and some committing suicide.
Recently, supreme court has accepted the petition filed by the Sayara Bano from Dehradun to put an end to this kind of practices.
Hopefully, India gives justice to Indian muslim women from the evil practice of Triple talaq.
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