TRIPLE TALAQ UNDER MUSLIM LAW

Introduction

Triple Talaq, also called Talaq-e-Biddat, is a form of divorce in Islam where a Muslim man can end his marriage by saying the word “talaq” three times in one go. This can be done verbally, in writing, or even through messages or emails. This method has been a topic of serious concern in India because it gives men the power to break a marriage instantly, often leaving women helpless. In 2017, the Supreme Court of India declared this practice unconstitutional in the Shayara Bano v. Union of India case. Later, the government passed a new law – The Muslim Women (Protection of Rights on Marriage) Act, 2019 – to officially ban and punish the practice. This article explains the meaning of Triple Talaq, its background in Islamic tradition, how the Indian courts have dealt with it, and what the new law means for Muslim women in India.

What is Talaq and Its Types?

In Islamic law, Talaq means divorce. A Muslim man can divorce his wife through different methods. The main types are:

1. Talaq-e-Ahsan: This is the most accepted form. The husband says talaq once during a time when the wife is not on her period and avoids any physical relationship during the waiting period (iddat, usually three months). If he doesn’t take her back during this time, the divorce becomes final.

2. Talaq-e-Hasan: Here, the husband says talaq once a month for three months. If he doesn’t take the wife back after the third time, the marriage ends.

3. Talaq-e-Biddat (Triple Talaq): This is when the husband says talaq three times in one sitting, ending the marriage immediately. It is considered improper and un-Islamic by many scholars. Also, this form of divorce is banned in many Muslim countries.

Religious and Historical Background

Triple Talaq is not mentioned in the Qur’an as a valid form of divorce. The Qur’an advises that divorce should happen slowly, with time for the couple to think and possibly reconcile. Surah Al-Baqarah (verses 229-230) mentions that there should be chances for settlement before the final separation. Many respected Islamic scholars, like Ibn Taymiyyah and Ibn al-Qayyim, have said that Triple Talaq is against Islamic teachings. Still, this practice was accepted in Hanafi law, which most Indian Muslims follow. Interestingly, many Muslim-majority countries like Pakistan, Bangladesh, Egypt, and Indonesia have reformed or banned Triple Talaq. They believe it is unfair to women and goes against the spirit of justice in Islam.

Triple Talaq in Indian Courts

1. Shah Bano Case (1985)

This was not directly about Triple Talaq, but it highlighted the problems faced by Muslim women. The Supreme Court said that even Muslim women have the right to receive maintenance (financial support) after divorce under Section 125 of the Criminal Procedure Code (CrPC). However, after protests from some Muslim groups, the government passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which weakened the Supreme Court’s ruling.

2. Shayara Bano Case (2017)

This was a turning point. Shayara Bano, a Muslim woman, went to court after her husband gave her Triple Talaq. She argued that this practice violated her fundamental rights under the Constitution.

Main Questions Raised:

• Does Triple Talaq violate the rights to equality (Article 14), non-discrimination (Article 15), life and dignity (Article 21), and religious freedom (Article 25)?

Supreme Court’s Verdict:

• A five-judge bench gave a 3:2 majority ruling declaring Triple Talaq unconstitutional.

• The majority said that:

  • Triple Talaq is not an essential part of Islam.

  • It is arbitrary, unfair, and violates women’s right to equality.

  • The Qur’an does not support this practice.

This judgment was a big step towards protecting Muslim women’s rights in India.

The Muslim Women (Protection of Rights on Marriage) Act, 2019

After the Supreme Court’s judgment, the Indian government made a new law in 2019 to stop the practice of Triple Talaq.

Main Features of the Act:

1. Triple Talaq is Illegal and Punishable

   • Any man who gives Triple Talaq (in any form – oral, written, or electronic) is committing a crime.

   • He can be jailed for up to three years and fined.

   • The divorce is considered void, which means it has no legal effect.

2. Rights of the Woman

   • The woman has the right to get maintenance from her husband.

   • She also has the right to custody of their children.

3. Bail and Settlement

   • Bail is not automatic. A Magistrate can grant bail only after hearing the woman’s side.

   • The case can be settled, but only with the permission of the court.

Criticism of the Law:

• Some people say divorce is a civil matter and should not lead to jail.

• Others believe the law interferes too much in religious personal laws.

• There are concerns that the law might be misused or might break families instead of helping them.

Despite these concerns, many people believe that this law is an important step to protect Muslim women’s rights and dignity.

Triple Talaq and the Constitution of India 

The practice of Triple Talaq goes against the basic values of the Indian Constitution:

1. Article 14 – Equality Before Law
   Triple Talaq lets a man divorce his wife suddenly and without reason. This is unfair and unequal.

2. Article 15 – No Discrimination
   It discriminates against women and treats them unfairly in marriage.

3. Article 21 – Right to Life and Personal Liberty
   The way Triple Talaq is used can harm a woman’s dignity, mental peace, and security.

4. Article 25 – Freedom of Religion
   While religious freedom is allowed, it cannot be used to harm the rights of others, especially when it involves gender injustice.

Global View: 

Many Islamic countries have already changed their laws to stop misuse of Triple Talaq:

• Pakistan: The husband must inform the government and wait for 90 days. Reconciliation is encouraged.

• Bangladesh: Similar to Pakistan – proper procedure must be followed.

• Egypt: Divorce must be properly recorded and recognized by courts.

India’s earlier stand was more conservative. But with the 2017 judgment and the 2019 law, India is now more aligned with other countries in protecting women’s rights in Muslim marriages.

Conclusion

Triple Talaq is an example of how personal laws can sometimes conflict with the principles of equality and justice. While respecting religious traditions is important, basic human rights and dignity of women must come first. The Supreme Court’s ruling in the Shayara Bano case and the 2019 law are major steps forward in securing justice, gender equality, and constitutional values for Muslim women in India. However, for real change, there must also be awareness, legal support, and education so that Muslim women can confidently stand up for their rights.

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