No more triple talaq

Before you read the post I want to clarify that I am not against any religion. I am just in favour of gender equality.

It is harsh reality that women have been ill-treated in every society for ages and India is no exception. The irony lies in the fact that in our country where women are worshipped as Shakti atrocities are committed against her in all sections of life. She is being looked down as commodity or as a slave. She is not robbed of her dignity and pride outside her house but she also faces ill-treatment and other atrocities within four walls of her house. They are considered as an object of male sexual enjoyment and reproduction of chidren. They are real dalits of the society.

what is talaq?
Talaq in its original sense means repudiation or rejection but under Muslim law it means a release from the marriage tie immediately or eventually. It is generic name for all kinds of divorce; but it is particularly applied to the repudiation by or on behalf of husband. It was said that under Muslim law talaq is mere arbitrary act of Muslim husband who may repudiate his wife at his own pleasure with or without cause.

talaq -ul- biddat/ triple talaq

It is a sinful form of divorce. It is a irregular mode of talaq introduced by omeyyads in order to escape the strictness of law. This form of talaq is improper from a moral point of view. This form of talaq becomes irrevocable immediately when it is pronounced irrespective of iddat.

Triple talaq bill

On Dec 28, 2017 historical bill was passed in lok Sabha making triple talaq illegal, with upto three years in jail. The bill which makes triple talaq a punishable offence, follows the supreme court judgement on Aug22,2017 in case of Shayra Bano Vs Union of India. Since the time S.C made triple talaq unconstitutional this topic has become a subject of controversy and most ongoing debates in India.

The All India Muslim personal law Board, defends triple talaq as an integral part of Islamic law and therefore beyond the realm of judiciary. On the other side Number of petitioners argued that triple talaq violates their fundamental right to equality before the law, to non discrimination on the ground of sex and to life and liberty.

In Fazlur Rahman V Aisha, the validity of this divorce was questioned. It was argued that this type of divorce is against Quranic Law and the court is bound not to give effect to the rule and it also opposed to a tradition of a prophet. It was held that Quran verses have been differently interpreted by different schools.

Can what is sinful in eyes of God be lawful? If God considers it a sin, it can’t be legal. Can it be?

So personal laws must be subordinate to fundamental rights and subject to the test of constitutional validity.

It is now high time that people should understand the significance of triple talaq bill. It is said that laws without public opinion is nothing but a bundle of papers. This problem can not be solved by just enacting laws without any public support and opinion as social engineering laws are different from penal laws which are just related to injuries and Punishment and are deterrent in nature but social engineering laws are enacted to uplift the norms of the society and are progressive in nature and therefore it should be backed by the will of the people for whom it is enacted. In India most of the laws are ineffective as they were ahead of public opinion and willingness of the people to change the society.

Author: Akansha Gulati

Laws, Rights and Crimes

51 thoughts on “No more triple talaq”

    1. Triple talaq, happens not because of religion but patriarchy and power play masquerading as religion.
      In my opinion, living in present era and giving such rights to men is unethical and immoral
      moreover it violates fundamental rights of women.
      If implemented properly, I believe that this is a great step towards women empowerment and to ensure gender equality.

      Liked by 5 people

      Reply

      1. I agree, but only to disagree till a certain extent.

        In order to implement it we need a well thought out bill. However, by banning it a crime doesn’t suddenly stop taking place.

        Marriage in muslim law is a contract. If you remove this requirement from the contract, it will automatically become illegal to practice. Secondly, the women under Muslim law were fighting for their personal right to remain as wife and maintain their family. This cannot take place unless a proper reform is brought for them instead of blatantly sending off the wrongdoers to jail.

        Liked by 2 people

      2. Ya I agree, by banning it crime will not stop taking place. But at least it will instill fear in the minds of Muslim men, who otherwise will fearlessly keep on exploiting their women.
        Muslim marriage is not merely a civil contract but also a religious sacrament. I didn’t get your point
        You said that if we remove triple talaq from contract, then it will become illegal.
        As far as I have studied there is no such legal requirement for a valid Muslim marriage.

        Liked by 4 people

      3. I am agreeing with you. The issue here is that the triple talaq bill which is proposed in parliament is a half baked bill.
        Am not saying that bringing the bill is bad but rather bringing a well framed bill is the need of the hour.

        Liked by 2 people

  2. According to the controversial bill, in each talaq,husbands are responsible. This bill is misuse by ladies. In your religion, baba is responsible for rapes and without divorce leaving the wife and also problen live in relationship. This is also a problem in ladies and why are mostly foccussed in triple talaq. In your religioln without divorce, husband burnt alive their wives and marry again. Firstly you change the rule of your religion and then talk for another religion

    Liked by 3 people

    Reply

    1. See nothing that is unethical, immoral or unsocial is associated with any religion. It is just different beliefs of folks. No religion promotes or encourages its followers to commit crime or any inhuman activity.
      As I have mentioned in my post that in one of the leading case it was held that this type of divorce is against Quaranic law and it also opposed the tradition of prophet. So I believe if God considers it a sin, question that if triple talaq bill harms your religion should not arise. Triple talaq has been misinterpreted by muslim men and they were using it to exploit Muslim women. So to protect women’s dignity and remove the fear of uncertainty about their marriages there was an urgent need to curb this out.
      You are talking about live in relationship, court already held that live in relationship is not illegal in the eyes of law. The court stated that living together is right to life and therefore not illegal. Moreover live in relationship does not harm anyone in any manner.
      Indian penal code has already prescribed the punishments for offenders committing rape and other crimes.
      And also you can not generalise that all the ill practices that you have mentioned is practiced only by the people of particular Religion. So if we are taking step forward Muslim women, then you should support it.
      As no Muslim women is against Bill.

      Liked by 4 people

      Reply

      2. In your religion husband leave a wife without informing. If government think about Muslim women then he give reservation for Muslim women for increase literacy rate and becoming independent. This is a strategy for gaining votes and if government was serious then provide reservatin for Muslim women

        Liked by 1 person

      3. why living in relationship is not illegal. During live in relatinship when women is pregnant then husband leave without information. s you are agr this then you shouild rule for hindu womwn then talking about Muslim women

        Liked by 1 person

    2. You mean to say that you will not clean your house until your neighbour will not do so? then no one can explain you anything.
      Now another thing in Islam itself instant triple talaq is invalid and that exactly for which this bill is. It is not stopping the practice of triple talaq i.e. Talaq-E-Sunna it is just banning the modern version of it.

      Liked by 2 people

      Reply

      1. In your side you are clean and remainiing are not clean. When you parents send girls to baba it is not a crime. When the husband leave the wife without information it is not a crime. In your side the baba raped several girls it is not a crime You are absolutely clean.

        Liked by 1 person

      2. Daneel you might not follow the news I think because I saw you are continuously telling about a baba who raped many girls but you are not taking the point that all those kinds of fake godmen are in jail now. Now I don’t know about which case you are telling in which a husband leave his wife without informing but according to Hindu code bill that lady can complain against her husband in court that right is given to the lady unlike in case of triple talaq. And you try as much as you want but I will not let you drag this discussion of rights and law toward the religious discussion.
        See my friend nothing in this world is perfect, so it is you and me who need to make it perfect so instead of being adamant about something we must think or at least help the others to think that how the things can be done so that it is in the benefit of all.

        Liked by 1 person

      3. In my country there are several problems such as unemployment, overpopulation, traffic problems, pollution, and many more are discussed. Why are discussing religious problems. First of all we solve national problems then concentrate other problems. During winter accidents is increased due to fog but the political parties did not concentrate national problems

        Liked by 1 person

  5. The real issue is about formulating personal relationships. There are three basic ingredients for any kind of relationship. These are, 1. Trust, 2. Respect, and 3. Commitment. I describe 3-dimensional love relationships. The dimensions of Love are, 1. Self-Love, 2. Love of God, and 3. Love of another person. I cannot truly love myself without establishing love for God who created me. If I am not in love with myself, I may never know as to how I may love another person. Divorce becomes impossible if man includes God in his love relationship.

    Liked by 4 people

    Reply

  6. I liked reading your post. Since you seem to have researched quite a bit about islam before writing, as many others do not, I appreciate that. I would have to disagree with one thing though. I’m an educated muslim girl and never once have I felt oppressed. Its not our religion that promotes patriarchy, its those men themselves.
    There is no existing concept that supports men’s superiority over women for us. The fact that it seems men can leave women in islam by repeating three words is not the ‘easy way’ out. Because men have talaq, women have khula. Both exactly the same. Both have the same right to leave. But neither is divorce. Neither is the actual end of the marriage. It is the way out to retain sanity in case it becomes unbearable to live under the same roof anymore.
    Even after being separated, there are many steps to go through before getting an actual islamic divorce. There is an advised waiting period of 3 months at least, where both parties are advised to try and solve. Also, its not even allowed to divorce a woman who is menstruating since being hormonal, she might’ve said something she did not mean. So you see, its a huge thing to end marriages in islam. Its not as easy as people think. Its considered a sacred union and its not to be taken lightly.
    Sorry for the very long comment 😋 I did genuinely enjoy your post. You speak intelligently and I appreciate your efforts of not offending anybody. Also, kudos to you for writing on such a sensitive topic 👌 I only wrote this since you said its giving superior rights in islam to men…hope I contributed to your thoughts ☺
    Thanks !

    Liked by 3 people

    Reply

    1. Ya I wrote this post based on my knowledge. I guess I was not aware of what you have mentioned because I have studied khula and Mubarat as a divorce by mutual consent and khula as the one in which women initiates the divorce and husband must accept it and also the offer must be accepted with the consideration for release.
      Btw Thank you so much 😊for enhancing my knowledge and sharing your thoughts.😊

      Liked by 1 person

      Reply

      1. Talaq and Khula are both the same. They denote the initial step in filing for divorce-not the actual divorce. We have a verse in the Qur’an that says of all lawful things, marriage is most hated by Allah and is to be avoided at all costs, because marriage is such major thing. So all these men divorcing their wives out of spite…over sms. I assure you they aren’t aware of actual islamic rules☺ oh and the khula and talaq are addressed by different name because khula involves consideration of payback of mahr(gift given by man to woman upon marriage). Its called a gift, not dowry. Because dowry doesn’t exist in Islam. Only Women have this right to a gift ☺
        You’re truly welcome. I loved enhancing your knowledge in any way whatsoever and hope you’ll pardon the long comments, just wished to clear any lingering doubts 😊 Thanks!

        Liked by 2 people

  8. I found this post extremely informative. There is an interesting exchange in the Bible on the same topic.
    When the Pharisees asked Jesus whether divorce was lawful, they pointed to the fact that Moses had permitted a man to write a certificate of divorce and dismiss his wife (much as you describe). However, Jesus responded, “Because of the hardness of your heart he wrote you this precept. But from the beginning of creation, God ‘made them male and female. For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’…Therefore what God has joined together, let not man separate.”
    This was to protect the dignity and well-being of women who in those days especially had no means of support.

    Liked by 4 people

    Reply

  10. Actually it is sensitive issue. In My personal opinion it is wrong but let them(Muslim leader and dharmaguru) decide what they want to do…gov should not interfere it is their internal matter…let them decide…government can interfere in Hindu or Indian religion becoz PM AND CM and all leader in India mostly Hindu…

    Liked by 5 people

    Reply

    1. Hindu, Muslim or Christian are all our secondary identities. Above all, we are all Indian.
      And India is a SECULAR country. Even in front of a crowd or while addressing a crowd PM can not say that he is a Hindu(As he is the P.M of a secular country).
      One of the sailent feature of our Constitution is Universal Adult franchise. So our govt. Is elected by all the people who have attained the age of 18 years and above without any discrimination on the basis of religion , caste, etc. So if govt. Is elected by all ppl thn it should also work for all.
      It was our first P.M who coined the phrase ” unity in diversity ” to describe the country India. So rather than creating divisions we should strive hard to maintain this unity.
      Our constituents Assembly took almost three years to complete its historic task of drafting the constitution for Independent India. It was a difficult task as India is land of continental size and diversity And constitution has to reflect different aspirations of diversity.
      By saying that our govt should not interfere in Muslim matters pls don’ t affront our Constitution makers, constitution and Government.

      Liked by 2 people

      Reply

      1. Ya principally you are right but practically gov of India during 1950 or 1955 interfered in Hindu religion but didn’t interfered much in Muslim religion…nothing is new in my saying…

        Liked by 1 person

      2. But you are saying to get rid of the principles that are basis of our Constitution. If that happens society would descend into chaos. People will start losing faith in their government.
        As you yourself said Society keeps on evolving. May be at that time Hindu religion needed more attention and reforms. After all there is much diversity in Hindu religion as compared to Muslim religion.

        Liked by 1 person

      3. You didn’t say it directly but you said that govt. Should not interfere in the matters of Muslim religion so it will definitely violate the basic provisions/principles
        of the Constitution that itself means that we should get rid of….!

        Liked by 1 person

      4. You yourself are contradicting your statement you only said that govt. SHOULD not interfere in the matters of religion then you are saying that govt. has a choice that whether to interfere or not. Btw It is no right of the govt to choose whether to address the problems of public or not. It is the duty of the govt to address public problems as You might have studied in Democracy govt is for the ppl, by the ppl and of the ppl.

        Liked by 1 person

  12. Very very nicely written 💙
    This is one of the most informative posts I have seen in a long time.
    Women still don’t have the same status as men in today’s society in every culture. I feel triple talaq has given some power to women now which is very important. Feel must have a say in the decision of marriage as well as divorce. And as far as some people commented govt shouldn’t interfere because begging a Hindu class party, I feel the intervention was absolutely necessary because people masquerade ill practices in the name of religion. As representatives of the nation, govt and people have equal rights to curb any injustice happening anywhere and to any strata of society especially women.
    Very well written 💙

    Liked by 4 people

    Reply

  14. Great post!! Very well written!! 👏👏
    According to the Bill , it is a non bailable and cognizable offence.. and for the information of those illiterate gyaanis of Islam, this practice is condemned by other Islamic countries like Pakistan, Turkey etc.. It is banned and considered un-Islamic there.. So why can’t a country like India accept it. This bill is stuck in Rajya sabha now, with opposition parties raising questions and asking that the bill be referred by a standing committee without any debate! Is this a political vested move or are they really thinking about the welfare of the Muslim women can be a debatable topic.
    This practice highlights the major plight of our male chauvinist society.. It is a plague that needs to be eradicated from the roots by proper education and proper handling of such cases.
    Hope that this bill brings justice to the women! If it passes, we may have taken a valuable forward step towards women status upliftment..
    Let us see how it turns out! Hope the parties move beyond politics and focus on much other and important aspects of society!

    Liked by 3 people

    Reply

  20. Very impressive and intelligent article. I used to scorn at the ignorance of the Muslim society who had (and still have) no clue about basic laws of marriage and divorce in Islam. This is something the MPLB should have thought about decades ago but who wants to speak against patriarchy? It suits everyone right. I am strong supporter of this bill and it must definitely be implemented.

    Liked by 3 people

    Reply

  21. Very impressive and intelligent article. I used to scorn at the ignorance of the Muslim society who had (and still have) no clue about basic laws of marriage and divorce in Islam. This is something the MPLB should have thought about decades ago but who wants to speak against patriarchy? It suits everyone right. Its very sad that there is opposition to this bill. Shows how even today the plight of a citizen is ignored for political motives. I am strong supporter of this bill and it must definitely be implemented.

    Liked by 2 people

    Reply

Leave a comment