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Supurd-e-khak: Triple Talaq a misconception

Women have upper hand in a marriage. Her assent is sought at the time of Nikah but when everything comes to Talaq is forgotten.

An instant divorce is a type of divorce which is used by the Muslim men’s here in India. It is just all about uttering the word ‘Talaq’ three times and the bond between the two comes to an end. Talaq is an Arabic word which is used for divorce. A man saying Talaq three times will be termed as an irrecoverable divorce. This is so unexpected but yes the pronouncements can be written as well as oral, in this era it happens even over the internet, social media and even on whatsapp. From ancient time the institution of marriage has evolved to a large extent. Marriage is a relation between the man and the women which is termed very pure and brings many responsibilities as the relation begins. It is the foundation of a family and a basic building block of the society.

Marriage is a matter of social and legal status and therefore it touches the domain of human rights too as it not only affects the couple but it also brings anxieties and the innocent child is disturbed.

Marriage should be dissolved in a sacrosanct manner irrespective of religion as it is a very divine relation between the two. Triple Talaq violates the human rights which are thereby conferred upon the Muslim women. Muslim men are given a sense of superiority by this kind of practice over the Muslim women’s. The Muslim marriage is contractual in both the ways when both the competent parties pronounce ‘Qubool hai’ thrice but same is not in the case of the divorce. Right to equality has been violated as stated under Article 14 of the Constitution of India. Muslim women are not allowed to live their life the way they want, therefore right to life has also been violated here.

Religious practices are governed by personal laws of respective religion. Personal law boards have been established to act as a medium to maintain integrity of law and order in particular community and people will willingly follow the verdict of the board. The law does not interfere into the personal sphere which leads to tyranny. But these personal boards are not more than a corpse and are being stubborn on the matters that the government wants to decide. Religion should be progressive in nature and should change with the change in society and time.

The journey of Triple Talaq can be summed up from the case of Shah Bano to Shayara Bano. These two cases are the basic of the verdict given in Triple Talaq. Shah Bano laid the foundation for the illegality of triple Talaq and Shayara Bano took it to the final results. The journey has faced many obstacles but has settled finally. The Supreme Court said that ‘Triple Talaq is worst and undesirable form of dissolution’. The right to religious freedom applies to both men and women equally.

Codification is very important for the right implementation of the judgment passed on Triple Talaq, it is necessary to codify the Muslim law. Codification will help to remove the so called leaders that are self appointed and a specifies family code should be followed without any discrimination.
The status of Muslim women improved as compared to earlier.


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