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INTRODUCTION – ESSAY ON TRIPLE TALAQ
Talaq is the Arabic word for divorce, the Lok Sabha has passed The Muslim Women (Protection of Rights on Marriage) Bill, 2018 (Triple Talaq bill).
The bill is humanitarian consideration for Muslim Women suffering from triple talaq.
Under the proposed law, giving instant triple talaq will be illegal and void, and will attract jail term 3 years and a fine for a man.
Triple Talaq is a form of Islamic divorce which has been used by Indian Muslims, especially some adherents of Hanafi schools of jurisprudence.
This can also be called oral Talaq. Triple Talaq is the process of divorce under Sharia Law (Islamic law) where a husband can divorce his wife by pronouncing ‘Talaq’ three times.
Triple Talaq Law – Muslim Personal Law Act 1937
Under this law, wives cannot divorce husbands by the means of triple Talaq.
Women have to move a court for divorcing her husband under the Muslim Personal Law (Shariat) Application Act 1937.
It is an irony that a Hindu woman enjoy the complete right of being the single soulmate of her husband, Muslim women on the other hand don’t have this privilege.
While a Hindu male is punished with an imprisonment of seven years of he brings in a second wife, a Muslim male can have 4 wives.
They can get divorce very easily by uttering the word “Talaq” thrice to their wife. In Shah Bano Case (1985) a very poor Muslim women claimed
maintenance after she was divorced and the anger flared up.
To suppress the anger of the minority, the Government led by Late PM Rajeev Gandhi
immediately looked into the action and the Parliament passed the Muslim Women’s
(Protection of Rights in Divorce) Act,1986 which nullified the decision of SC passed in Shah Bano’s case.
In August 2017, the Supreme Court has invalidated the triple talaq practice by calling it
arbitrary and unconstitutional.
SC termed instant talaq as “manifestly arbitrary” which makes it violative of Article 14 (Right to Equality).
It will pave the way for national integration and secularism and also promote gender equality, welfare of women and justice.
It will simplify the cumbersome legal matters governed by personal laws. With common criminal law there can be common civil law as
CONCLUSION – TRIPLE TALAQ ESSAY
One must understand that Uniform Civil Code is not a weapon directed against any particular community.
It is simply a code that puts all the citizens of India irrespective of their caste, religion or
gender under one umbrella when the constitution of a nation guarantees inequality,
allowing discrimination on the ground of religion and gender is totally unconstitutional, unethical, unwanted and unlawful.
The implementation of Uniform Civil Code should not disturb the diversity in Indian society.
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