3 TALAQ

Talaq is an Arabic word that means Divorce. It is an Islamic Divorce Procedure. 3 Talaq means an Instant and Irreversible divorce. Triple talaq means is followed by the people who follow Islam religion or Indian Muslims. In triple talaq , a Muslim husband gives divorce to his wife by uttering the word “talaq” at one go. Once it is       spoken , the marriage stand void. It is applicable in both forms either oral or written , or in recent times, delivered by electronic means such as telephone , SMS , email or social media.

 

 

 

TYPES OF TALAQ

There are three types of Talaq :

Talaq – e – Ahsan : In this form , once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period if any kind of cohabitation occurs, the talaq is considered to have been revoked.

 

Talaq – e – Hasan : In this form also, there is a provision for revocation. Here the words of Talaq are to be pronounced 3 times in the successive periods after menstrual cycles. The husband has to make a single declaration of Talaq and then await for another menstrual cycle to pronounce another declaration. The first and second pronouncements may be revoked by the husband. If he does so, either expressly or by resuming conjual relations, the words of Talaq become ineffective as if no talaq was made at all. But , if no revocation is made after the first and second declaration then lastly the husband has to make the third pronouncement in the third period the Talaq becomes irrevocable and the marriage dissolves.

 

Talaq – e – Biddat : This form allows men to pronounce talaq thrice in one sitting or sometimes scrawled in a written “talaqnama”, or even by phone or text message. Thereafter, even if the man himself perceives his decision to has been hasty in hindsight, the divorce remains irrevocable. It is a disapproved mode of divorce. The Talaq – e – Biddat has its origin in the second century of the Islamic era. According to Islamic scholar and jurist Ameer Ali, (1849 – 1928) , this mode of talaq was introduced by the Omayad Kings because they found the checks in the Prophet’s formula of Talaq inconvenient to them.

 

What Happens after Triple Talaq?

After triple talaq they are forbidden from marrying each other again, no return. Unless the wife gets married where the slate gets cleaned , so if she did get divorced from this other husband , it is Halal to marry the previous husband . The limit of one could only divorce three times from the same spouse, as it is mentioned in Quran.

Can a woman give her husband Talaq?

Yes , a woman can give her husband Talaq by Talaq – I – Tafweez , Lian , Khula and by Judicial decree under Dissolution of Muslim act, 1938. These are the procedure through which a woman can divorce her husband in Islam. In Khula the woman have to return the dower (mahr) or something else that she received from her husband , as agreed by the Spouses or Quadi’s (court) decree.

It is based on traditional fiqh and referenced in the Quran and Hadith , that “Khul” allows a woman to initiate a divorce.

 

Ban on Triple Talaq

Triple talaq in India has been a subject of controversy and debate. Questioning of the practice have raised issues of justice, gender equality , human rights and secularism. The debate has involved the Government of India and Supreme Court of India, and is connected to the debate about a uniform civil code under Article 44. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq unconstitutional. Out of 5 judges 3 judges in the panel concurred that the practice of triple talaq is unconstitutional.

Among 23 neighbouring countries already banned the practice of triple talaq. On 30 July 2019,the

Parliament of India declared the practice of Triple Talaq illegal and unconstitutional, and made it as a        

punishable act from 1st August 2019 which is deemed to be in effect from 19 September 2019.

 

Punishment and Penalty

After a very long discussion and opposition finally got

the verdict to all Muslim women .The Muslim Women

Act,2019 passed on 26 July 2019.

It made triple talaq as a punishable act from 1st August

2019. It stipulates that instant triple talaq in any form

 – spoken , written , or by any kinds of electronic

means such as email or SMS is illegal and void. It is a

criminal offence.

 

On receiving, any kind of complaint the husband can be punished upto 3 years of

imprisonment and fine. And according to the new law an aggrieved woman is entitled

to demand maintenance for her dependent children.                                                      

                                                                                                                                      NAME : SUSMITA BARMAN

                                                                                              COLLEGE : AMITY UNIVERSITY,LUCKNOW

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