One of the historical steps taken by the Modi government is the Triple Talaq Bill, which has been passed in the Parliament with majority votes in favour of the bill. Ban of the triple talaq system is one of the best judgments given by the government. “Triple talaq” allows a Muslim husband to divorce his wife by repeating the word “talaq” three times in any form, including email or text message.
What is the triple talaq?
The practise under which a Muslim man can divorce his wife by pronouncing or saying the word “talaq” thrice at the same time, which is commonly known as khula in the Muslim community.
Talaq- e- biddat – a biddat talaq is final. As soon as the words have been uttered, the marriage becomes completely dissolved. This form of talaq is usually followed by the Sunni sect of Muslims, but it is not recognized by the Shia section.
Why is it banned in India?
The custom is banned because there were so many cases coming up related to it where Muslim husbands were leaving their wives by pronouncing, and emailing or texting
The practice was based on gender inequality, to begin with, where women do not have the right to divorce their husbands. Only Muslim men have the right to nullify the marriage.
Also, a man does not need to give any reason for divorcing his wife. He can divorce her wherever and whenever he wants to. Most of these men started divorcing through texts and via phone calls.
This custom is now totally banned. Triple talaq is currently illegal and anybody practising it will be committing a criminal offence. The Triple Talaq Bill provides up to 3 years of imprisonment to any man for trying to leave his wife through this sexist tradition. It is a good decision taken by the Modi government to get rid of this very biased and unequal practice. I am here to support this judgment as it promotes equality.
What is marriage?
A marriage is a legal document binding two people into a partnership that sometimes may result in reproducing a child. But the ultimate way marriage works is in commitment to each other, loving and supporting each other in every way.
A man and a woman hold a 50-50 share in a matrimonial bond, and therefore nothing can be one-sided. Both of them have to work together to build a relationship and make a successful marriage out of it. Hence it is of absolute importance that both the people should have consent in the marriage.
What Is Divorce?
Divorce is the last solution to dissolve a nuptial. If the husband and wife are not happy with each other, they can opt for divorce. with a valid reason. If one or both of them fail to keep up to the promises they made, the conjugal bond can be annulled. This is equality, where they both have equal rights in marriage.
But the tradition of “triple talaq” gives only the man the right to split from his wife and that too in an arbitrary manner. This is totally wrong. If both the consents of men and women are taken during marriage, both their consents need to be regarded during the split as well.
Since childhood, when I learned about this custom, I was shocked to the core. But when I got to know about the rights that can be exercised the Muslim women, I realised that the society is spreading the wrong message to these ladies.
The decision of banning “triple talaq” is one of the best ways of giving justice to Muslim women. They should know their rights and should always take a stand for themselves.
According to Mohammedan Law – In Islam, the husband can divorce his wife by merely repudiating the marriage. Thus, the only pronouncement of such words is sufficient to end the marriage. So, these intentions signify that the husband wants to disown his wife. This is followed by Sunni.
Usually, this form is called a “talaq”. But there are different forms like “Ila” and “Zihar” that are different from talaq. Furthermore, a wife cannot divorce her husband by her own choice. The woman is only entitled to her freedom under an agreement where the husband has devoted this right to his wife then she can act according to her choice
Now under the Muslim Marriages Act of 1939, there are several grounds laid down based on which a Muslim divorce is possible. The categories under this law are:
- Judicial divorce
- Extrajudicial divorce
Furthermore, there are three sub-categories in which extrajudicial divorce is divided. These are:
- By wife – talaq-i-Hafeez
- By husband – talaq
- By mutual agreement – khula
The government by implementing the Bill has eradicated the evil of triple talaq from the Indian society.