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Triple Talaq Bill - An Effort of Government to Solve this Issue of Muslim Women


This article talks about Triple Talaq Bill. It discusses various methods of dissolution of marriage in Islam and why triple talaq is a controversial issue. It details past and present efforts to deal with this issue and what are various arguments in favour and against its invalidation.
 

Methods of dissolution of marriage in Islam

Why triple talaq is an issue?

Provisions of Triple Talaq Bill

Criticism of Triple Talaq Bill

Arguments in Favour of Triple Talaq Bill

Conclusion


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Methods of dissolution of marriage in Islam

In Islam, marriage is like a contract between husband and wife. This contract can be terminated by divorce. The methods of divorce are following:


Mubarat


Both husband and wife agrees to separate by mutual consent.


Khulla


In this method, wife requests for divorce. She can seek it only if husband gives permission.


Talaq


It is initiated by husband only. This method is further of following two sub types:



(1) Talaq-e-Sunnat

This is the most accepted form of talaq. It is procedural divorce and has possibility of getting revoked before being formalized. It has two sub types:



    (a) Talaq-e-Hasan

Husband pronounces “talaq” once and wait for 30 days, then again pronounces it second time and wait for another 30 days and subsequently says it third time and after other 30 days, divorce gets formalized. The period of 90 days or 3 months provides space for reconciliation and arbitration. If reconciliation or arbitration resolves the issues of couple successfully then marriage does not get dissolved.






    (b) Talaq-e-Ahsan

In this method, husband pronounces “talaq” once and wait for 90 days after which talaq gets formalized.
The waiting period in both of above methods is known as “Iddat”.



    (2) Talaq-e-Biddat

The term "biddat" is an Arabic word which means innovation. There is no waiting period between pronouncement of talaq and its formalization. It refers to pronouncing talaq three times in a single utterance will lead to dissolution of marriage. That is why it is termed as “instant triple talaq” (ITT) and gives no space for any mediation or reconciliation. This method is not mentioned in Islam originally. Rather it is an innovation of clerics or ulema. This method is actually a bone of contention between clerics and petitioners.
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Why triple talaq is an issue?

Though talaq itself is discriminatory as it is initiated by husband only, and also the method of giving talaq or dissolving marriage instantly is an injustice to Muslim wife. There is no scope of clarifying any misunderstanding or resolving any issues between them and continuation of marriage. The cases seen are found even to the extent that Muslim wives are being given talaq through phone, post, e-mail, chat or other electronic media. Petitioners claim that it is violation of article 14 (right to equality).

In 1985, in case of Mohammad Ahmed Khan versus Shah Bano, Supreme court upheld the judgment of high court of Madhya Pradesh and validated the maintenance of Shah Bano by her husband as per section of 125 of code of criminal procedure. The verdict was opposed by Muslim personal law board (MPLB). The then government of Rajiv Gandhi, under pressure of Muslim male voters, enacted a legislation which overturned the decision of court. As per this act, the maintenance provided to Muslim wife is restricted to period of Iddat only, after which husband has no responsibility to maintain his divorced wife.

In 2016, a Muslim woman Shayara Bano divorced by her husband, challenged triple talaq on ground of being violative of fundamental rights of Muslim wives. ITT violates, article 14 (equality before law), article 15 (prohibition of discrimination on basis of gender, article 21 (right to life) and article 25 (religious freedom). This case was decided by five judges bench which declared ITT as unconstitutional (on ground of violative of article 14 and 21) as well as unislamic (not mentioned in Islam). This landmark judgment given by supreme court on 22 August 2017 proved a celebration for women rights proponents.



Even after this verdict, some cases of instant triple talaq were observed. After such observations and discussions, the government decided to introduce a bill for protection of Muslim women rights by giving teeth to court’s verdict.

Provisions of Triple Talaq Bill

The bill introduced had following provisions:
  1. The bill criminalizes triple talaq and awards three years imprisonment to husband.
  2. Husband has to give compensation to his wife.
  3. Triple talaq is a non-bailable offence. (changed to bailable in subsequent bill)
  4. Custody of children will be given to wife.

Criticism of Triple Talaq Bill

  1. The most objectionable clause was criminalization. The argument says that divorce is a civil matter not a criminal one. Thus, giving punishment is not right.
  2. Supreme court has already invalidated triple talaq. Then, what is the need of making a law?
  3. If ITT is invalid and divorce has not formalized then what is the need of giving compensation?
  4. If husband is in jail then how can he give compensation or maintenance?
  5. If husband is in jail then there is no room for reconciliation.
  6. If divorce has not formalized then there is no question for custody of children.
  7. If there is an injustice to wife, she can appeal for justice under domestic violence act, 2005 which includes both physical and mental violence. Then, what is the need of new law.

The above bill was passed in Lok Sabha but defeated in Rajya Sabha due to lack of majority. Then government imposed the provisions through route of ordinance with little changes, after expiry of which same bill was reintroduced. The changes made the offence of triple talaq bailable and that too is permitted only after hearing to wife by magistrate. 

Arguments in Favour of Triple Talaq Bill

  1. After verdict of supreme court in Shayara Bano case, the incidents of triple talaq continued. This creates a sense of legislation required to cause deterrence so that no Muslim husband dare to give instant triple talaq to his wife due to fear of punishment.
  2. The clause of three years imprisonment will give legal teeth to verdict of supreme court.
  3. The triple talaq is ban in more than twenty countries including Pakistan, Bangladesh, Turkey, Cyprus, Tunisia, Algeria, Iran etc. If these countries can ban such practice then what are we waiting for? We also need social reform.
  4. Protests happened even during time of enactment of Hindu Marriage Act, 1955.
  5. The rate at which triple talaq is pronounced need to be tackled at same pace. 

Conclusion

Since triple talaq is a social evil and against the dignity of Muslim women, its abolition is the need of hour and which has already done by honourable supreme court. In my opinion, we still need a law to give protection to muslim women. Enactment of this law can be a positive step towards uniform civil code. Every time, when efforts are made to bring reforms in society, then some sections of society protest. These protests need to be tackled carefully and protestants should be made aware of the negative impacts of these social evils on lives of sufferers or victims. Awareness, enlightenment and sympathy seem to be the key of social reforms.




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