Triple talaq is one of the 1400*year old practice among the Muslims. Especially in Sunni Muslims.
It is the pronouncement of the word ‘talaq’ three times by a Muslim man in order to divorce his wife.
Talaq is an Arabic word meaning divorce. Triple talaq is meant as an instant and irreversible divorce.
It is followed by Indian Muslims and people who follow Islam from different countries.
In triple talaq a Muslim husbands give divorce to his wife by uttering the word ‘‘talaq, talaq’’ at one go.
Once it is spoken, the marriage stands void. It is applicable in both oral and written form.
Triple talaq is also known as Talaq-e-Biddat and often called oral talaq.
In India, as per census 2011, this divorce practice affects around 8% of Indian Muslim women population, especially women above the age of 60 years.
Under the Sharia law that comes into act 1937, the practice of Triple Talaq was legalized and gave a special privilege to Muslim husbands over his wife to break the relationship of marriage whenever he wanted to.
The message within the Quran is Incredible explicit about divorce. It learns more towards safeguarding marriage rather then dissolving it abruptly. The Quran sets certain norms to execute divorce, even as there are norms to sanctify marriage. “Those for four months”. The Islamic Spiritual demands time and practice in executing a divorce in the hope of continuing the union, knowing that the couple is bound to have differences.
The law also makes Triple Talaq a cognizable and non-bailable offence. Ravi Shankar Prasad who was the minister of law and justice introduced the bill in the lok sabha on june21,2019 , to replace an ordinance promulgated om February 21,2019.
The Indian parliament passed the triple talaq law, also referred to as protection of rights on marriage bill o July 30,2019 to make instant triple talaq a criminal offence.
From august 1,2019, it become a law that declares any talaq practice by a husband upon his wife by oral or writer or electronic media will be illegal , void as well. Besides the bill entitles triple talaq a congnizable and non- bailable offence.
The Supreme Court ultimately declared triple talaq as unconstitutional in a majority judgement. Two judges declared triple talaq to be manifestly arbitrary and therefore violative of article 14 of the Indian constitution.
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