TRIPLE TALAQ ESSAY

                            TALAQ! TALAQ! TALAQ!

*What is triple talaq?
=It is a practise under which a Muslim man can divorce his wife by simply uttering TALAQ three times.

• Above practise is according to Muslim law (Muslim shariyat law)
• No paper work,no court proceedings i.e no legal or fair to both means for separating.
• Pecuilar ways adopted by muslim men to divorce.
  

1. Write on wall.
2. Message on whatsapp or facebook.
3. Message on skype.
4. Face 2 face uttered talaq three times.
5. Notice on walls,doors.

• Inhuman practise against muslim women and unfair toward muslim women.

*What is Nikah Halala?
=It is a practise where a divorce muslim woman in case want to go back to her first husband,have to consummate a second marriage.
(There are 55 muslim majority countries,out of them there are 22 muslim countries in the world including pakistan and bangladesh,their provinces have abolished triple talaq either explicity or implicity. )

*How come India still follows it?
=India is a country that has a provision for personal laws for all religious communitie.Hence the personal law for Muslim in India is run by ALL INDIA MUSLIM PERSONAL LAW BOARD.
*What is AIMPLB?
=It is a non governmental organisationthat aims to educate muslim on the protection and application of islamic laws.
=Stand of AIMPLB 
It has opposed the move to ban;

1. Triple Talaq
2. Polygamy

• polygamy is illegal in india, as per the govt. judgement in feb 2015,the supreme court of india stated that-Polygamy was not an integral and fundamental part of the muslim religion and monogamy was a reform within the power of states under article 25.

STATISTICS

• BMMA ,Bhartiya Muslim Mahila Andolan,according to the findings of BMMA more than 90%of 4,710 women interviewed wanted to ban unilateral divorce.
• This practise have been going on from 1400 years.

*Can triple talaq be banned ?
=Artcle 25 of the constitution grants the rights of religion as a fundamental right
Islamic divorce practise is fundamental to religion and whether it is a fundamental right to muslim women or not has to be examined by a five judge bench of supreme court.
Supreme court in its earlier instances,has already stated that this practise is unconstitutional.

*Judgement of the supreme court of Indian(a historical judgement)

• The verdict was delievered by a panel of five judges from different faiths;

1. Hinduism-Justice U.U LALIT
2. Christianity-Justice KURIAN JOSEPH
3. Islam -Justice ABDUL NAZEER
4. Sikhism-Justice J S KHEHAR (chief justice of India)
5.                Justice ROHINGTAM NARIMAN

• Stand of the judges-"what is sinful under religion cannot be valid under law"

1. Three of the judges hearing the case said it is unconstitutional,(J S khehar and Abdul nazeer)
2. The other two wanted it banned for six months till the govt introduces new legilation.
3. The majority opinion held that tripple talaq is not integral to religious practise and violates constitutional morality.

*LEGAL PROVISIONS VIOLATED.

• Right to equality.

1. Triple talaq may be a permissible practise but it is retrograde and unworthy.
2. Since triple talaq is instant it is irrevovable and the marital tie gets broken.
3. It is violative of Article 14 the right to equality.

• Right to life and personal liberty.

1. Protection of life of muslim women and personal liberty of Muslim women violated.
2. They become helpless without any form of Alimony due to this draconian law.

*Muslim personal law application act,1937
Article 25 

• chief justice and abdul nazeer differed and said while triple talaq "may be sinfull',but the court cant interfare in personal laws,which have the status of fundamental right under the constitution.
• They were of the view that parliament of india should bring a law to end the practise.

*STAND TAKEN BY STAKE HOLDERS

• Muslim personal law board- Court must keep out of matters of islamic faith.
• Government- Centre told the supreme court that this practise impact the social status and dignity of muslim women and deny them fundamental rights guaranteed by the constitution.
• Muslim women - BMMA launched a campaign to ban tripple talaq and nikah halala,they complain about the mistreatment and misuse of the oral talaq system.
• Court- Indian Supreme court blocked the use of Muslim divorce law until the govt forms new legilsation.

1. Period given by court to Government is six months.
2. Supreme court has asked political parties to keep their difference aside and help centre bringing out law in the practise.
   

The Muslim women (protection of rights on marriage )act,2019 passesd on 26 july 2019 after a very long discussion and opposition finally got the verdict all women.It made triple talaq illegal in India on 1 august 2019,repalcing the triple talaq ordinance promulgated in feb 2019.It stipulates that instant triple talaq in any form -spoken,written,or by any electronic means is illegal and void,with upto three years in jail for the husband.Under the law,an aggrieved woman is entitled to demand maintenance for her dependent children.