In India, the notion of Triple Talaq has embraced a long journey. It was on 30th July, 2019 when, ultimately, the Triple Talaq Bill was transferred by NDA Government with 84 in support out of 99 votes. The bill has accompanied the decision of the Supreme Court in August of 2017, wherein the Triple Talaq was held illegal. The Muslim Women (Protection of Rights on Marriage) Act, 2019, was enacted to punish the act of Triple Talaq.
Earlier, the Landmark Shah Bano Case brought Judiciary’s notice towards the state of Muslim Women in the nation. After more than three decades of previous judgment, the Shayara Bano Case came before the Apex Court, wherein the rights of women about Talaq were eventually settled.
From being a valid model of Talaq to being advanced to its most crucial level of discussion and at the conclusion, stated by SC as prohibited and a punishable offense. This article will grant you all the data beginning from the Dawn to Dusk of Triple Talaq in a short setup.
Marriage in Muslim Law
In Muslim Law, marriage is regarded to be a Civil Contract and like a civil contract, it can also be revoked. So, given the same, divorce i.e. talaq should be analyzed effectively, but in actuality, it is of great sentimental and personal concern. Talaq in Muslim Law means setting freed from the servitude of marriage. In Muslim Law, separation is regarded as an ominous and also an exemption to marriage.
Men under Muslim Law have the power to give divorce of diverse classifications, such as Talaq-ul-Sunnat, Talaq-ul-Biddat, Ila, Zihar, and Khyal-ul-bulugh. Amongst these kinds of talaq, Talaq-ul-Biddat is generally known as inevitable triple talaq.
What does Triple Talaq exactly mean?
Triple Talaq or Talaq-ul-Biddat is a kind of talaq where the husband performs 3 statements to give talaq whether in 3 sentences or 1 sentence only. The requirement concerning this kind of talaq is that it needs to be made in a single ‘tuhr’ which involves ‘the state of being real’. The nature of purity in Muslim Law concerning women is viewed when the woman is not on her menses cycle. Hence, if a husband declares talaq three times to his wife while she was menstruating, the talaq will not be held legitimate and will not affect.
There are several schools of Muslim Law and all see Talaq-ul-Biddat as a class of talaq. Though, it is recognized as an unethical form of talaq. A expression was also used concerning this form of talaq; “legally valid but corrupt” and the idea behind this is because the possibility for agreement is lost but the talaq was still held legitimate.
But this was the situation before the landmark decision on Triple Talaq by the Supreme Court and The Muslim Women (Protection of Rights on Marriage) Act, 2019.
Triple Talaq Judgment
The case of Shayara Bano v. Union of India & Ors. [(2017) 9 SCC 1] is generally recognized as the Triple Talaq case. It was the most anticipated decision of the Hon’ble Supreme Court. On 22nd August, 2017, SC declared its one of the most extraordinary judgment concerning the legality of Triple Talaq. With this decision, all disputes about Triple Talaq terminated to exist.
Brief Facts – The Petitioner was the wife Smt. Shayara Bano, who was separated by his husband Sh. Rizwan Ahmad by Triple Talaq. Shayara Bano questioned the said divorce by his husband in the Court of legislation to be held void and also Section 2 of the Shariat Act be also held illegal.
Contentions – The wife disputed that this infringes fundamental rights such as Article 14, 15, 21, 25(1), 26(b) and 29 of the Indian Constitution. Also, it was suggested that the tradition of Triple Talaq has been outlawed in many countries already. Moreover, it was given that the Triple Talaq is not supported by the Quran and neither by Hadith.
Whereas the claims of the husband on the other party presented that Hanafi School of Sunni Muslims understands the Triple Talaq as a legitimate form of talaq and in India, nearly all Muslims are Sunni and hence, are supporters of Hanafi School.
Held – The decision was declared by the ratio of 3:2 by the Supreme Court. Chief Justice of India, J. S. Khehar, and J. Abdul Nazeer thought that the tradition of Triple Talaq is legal and should not be forbidden. Whereas, the majority including J. Kurian Joseph, J. Rohinton F. Nariman, and J. U. U. Lalit opined opposed to the above picture. The Bench declared regulations under Article 142 to draft relevant legislation within 6 months and till the point the law to govern the area is enacted, there was an order on Muslim males in declaring Triple Talaq.
The Bill, 2017
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was declared by Lok Sabha on 28th December, 2017. The Bill aimed to maintain the Triple Talaq void and unlawful as directed by the SC and to make it a punishable offense. Section 3 of the Lok Sabha 2017 Bill granted that Talaq to be invalid and unlawful.
After the Bill was enacted after alterations in Lok Sabha, it was granted before Rajya Sabha. The main characteristics after the amendment involved the prerequisite of FIR. It was given that FIR could be registered either by the wife herself or her next blood relative It was compoundable offense, and the husband against whom the FIR is filed can be awarded bail at the preference of Magistrate.
Ordinance, 2018 and Bill, 2018
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 was declared by the President of India, Mr. Ram Nath Kovind on 19th September, 2018.
The Muslim Women (Protection of Rights on Marriage) Bill, 2018 was presented to displace the Ordinance of 2018. The Bill was given by the Lok Sabha on 27th December, 2018.
Triple Talaq Law
Triple Talaq Law is also recognized as The Muslim Women (Protection of Rights on Marriage) Act, 2019. The Act was enacted by the Rajya Sabha on 30th July, 2019. The Act is enacted given the regulations by the SC to ban the tradition of Triple Talaq in the nation.
The Act criminalized Triple Talaq by Section 3 which makes it invalid and unlawful. Section 4 of the Act directs for penalty for declaring Triple Talaq, which is imprisonment which may continue to a course of 3 years and fine.
From the above-detailed research, it can be recognized that the Triple Talaq was first a regular exercise and then after years of fighting it is made unlawful and illegal. It has been made a crime which is chargeable with 3 years of imprisonment.
As declared in the very first line of this Article, “Marriage is a Civil Contract under Muslim Law” but with this Law, it is made guilty. The problem occurs that how can a person be sentenced under criminal law by breaching a civil contract? Another problem occurs that how the current bill doing justice for women, as after declaring triple talaq the husband will be sent to jail and the wife has to exist without him, which is quite similar to talaq only? These problems persist pending in law.
Author: Nishtha Kheria,
Amity Law School, Amity University Noida 4th Year 7th semester / Student