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Divorce: A Brief Overview Of Triple Talaq

Marriage has been considered a pious institution for ages which not only leads to the commencement of the lives of both the partners and the union of two different families. It is a practice of the culmination of diverse customs, traditions, and rituals. Due to various instances when things don't go well, divorce serves as an alternative to the partners in a relationship. It is a process that leads to the dissolution of the marriage and is legally binding.

The partners are free from the duties that had bound their relationship and can live on their terms. Divorce leads to the ending of the marriage. The decision of divorce which was earlier not readily accepted has now been modified within the due period. It is now another means if things don't resolve between the partners.

The concept of divorce has acquired a new framework in the present time and is now a normal choice accepted by society. There can be various reasons for divorce. Some of it can include stressed work life and a hectic schedule which at last causes a lack of communication and frustration due to stress.

When the trust between both partners gets broken it leads to betrayal and unfaithfulness adding a major cause of this decision. Nowadays belongingness and nearness are vague among the people serving as an important factor. Domestic violence has at present times been one of the leading causes. Partners who face challenges feel divorce is a better and safer place even for them and their children. Children can even be protected from any further injury.

Divorce is a somber process as it leads to stress, anxiety, and depression among the couple. Children can even have a detrimental impact on their lives as may not be able to spend their life with both parents. Divorce which can lead to hostility and fighting can have an inimical impact on the mindset of the individual. It can further hamper their mental health and state of mind. It may even lead to exclusion from social life. The study cycle of the child even gets affected.

Divorce as per Muslim Law

Divorce is often referred to as Talaq in Muslim Law. Talaq is an Urdu term for the practice of divorce in Muslim Personal Law. The dissolution of marriage under Muslim Law eventually involves the husband's rejection of the marriage.

The major forms of Talaq include:

  1. Talaq-ul-Sunnat:

    This is a form of Talaq that is one of the most approved and recognized by the Sunnis as well as Shias. It can be either in Ahsan or in Hasan form. It is considered one of the best ways as there is a possibility of revocation.
    1. Talaq-Ahsan:
      In this form of Talaq notice is sent and is a form of repudiation of marriage. The words are only said once. After the expiry of the Iddat period it is declared as Talaq and the marriage is dissolved. It is the approved form and it has a duration of 3 months.
    2. Talaq-Hasan:

      In this form of Talaq there is a provision for revocation. The words are said three times in three successive periods. If the first and second pronouncements are revoked by the husband then the words of Talaq become ineffective and if he doesn't do so and then the third pronouncement is made by him in that case then finally the marriage dissolves and the words stand irrevocable.
  2. Talaq-e-Biddat:
    This form is also referred to as Triple Talaq which means the husband gives divorce by saying the word Talaq thrice. It is an old practice and there are no explanations for the reasons for divorce given to the women. It is a form of irrevocable and instant form of divorce. It can be either oral or written. It is a process under the Sharia Law.

Historical Background
The matter was brought to light in the case of Shayara Bano v Union of India which is also called the Triple Talaq case. Shayara Bano and Rizwan Ahmed were married for 15 years and in 2016 Rizwan Ahmed gave Triple Talaq to Shayara Bano. Shayara Bano was compelled to give a dowry for the marriage and said was abused and derelict when she could not provide a dowry. Shayara Bano filed a writ petition in the Supreme Court which challenged the three practices-Instant Triple Talaq, Nikah Halala, and Polygamy.

Recent Developments
A constitutional bench of five judges was set up-Chief Justice of India Jagdish Khehar, Justice Abdul Nazeer, Justice Kurian Joseph, Justice Rohinton Nariman, and Justice UU Lalit. Supreme Court made two issues whether it is an essential religious practice of Islam and whether it violates the fundamental right or not.

Some were of the view that it is a part of Muslim Personal Law and judiciary should not interfere whereas others thought that it is arbitrary since it violates the fundamental right of women. Hence the practice of Triple Talaq was declared illegal by the Supreme Court which told the center to make a law for it. In July 2019, the bill was passed in both Lok Sabha and Rajya Sabha and receives the assets of the President.

The Bill declares it void and illegal. The Act makes it a cognizable offense with imprisonment of up to three years with a fine. The complaint can be filed by the wife or any other person related to her by blood or marriage. The woman is entitled to seek subsistence allowance for herself and her dependent children and can seek custody of her minor children. It is a good move by the government to abolish the unconstitutional practice.

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