Triple Talaq Essay: Triple Talaq is a procedure of an instant divorce under Islamic Law followed by Muslim men in India. It allows a Muslim husband to legally divorce his wife by pronouncing ‘Talaq, talaq, talaq’ three times. It can be pronounced in oral or written or by electronic media like email, SMS, or WhatsApp. Talaq means divorce in an Arabic word. Under Muslim law, once a man has spoken it, immediately ends his marriage. This instant divorce is also known as ‘Talaq-e-bidat’.
Triple Talaq is the 1400-year-old practice among the Sunni Muslims. This instant divorce majorly occurred among Muslim communities by adherents of Hanafi School of Islamic Law. The Muslim Personal Law Act of 1937 allowed the process of Triple Talaq to give a special privilege to Muslim men over his wife. It allows a man to break his marriage relationship whimsically. It is not required for the husband to mention any reason to divorce his wife under this law. The revocability of divorce was decided as per the period of iddat whether the wife is pregnant or whatever. Read on to find more about Triple Talaq Essay for high school students.
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Triple Talaq Essay for Students and Children
A divorced woman was not allowed to remarry her divorced husband. She had to first marry another man, a practice known as NikahHalala. She keeps possession of the custody of children up to the time she remarried. Beyond this, the children will come under the guardianship of the father. It has been an issue of concern for Indian Muslim women above 60 years of age. As per census 2011, this triple talaq affects around 8% women population in India. Triple talaq is the divorce practice under the Sharia Law. We soonly Update Triple Talaq Essay in Telugu, Bengali, Kanada.
Types of Talaq
There are three types of Talaq for men and women under Islamic Law. These are Hasan, Ahsan, and Talaq-e-Bidat that is Triple Talaq. The first two are revocable whereas the triple talaq is irrevocable. The first two are not instant divorce, it takes some time whereas the triple talaq is instant divorce.
Wifes can not divorce husbands by pronouncing triple talaq under this law. They have to visit court for giving divorce to her husband under the Muslim Personal Law Act 1937. Wife is allowed to divorce her husband by mutual consent or a judicial decree known as ‘Khula’. Its reference is available in the Holy Quran or by the sayings of Prophet Mohammed known as Hadees.
Triple Talaq Bill
In 2017, when the Prime Minister Narendra Modi initiated a campaign for the Uttar Pradesh State Elections. Then, Muslim women raise their voices and issues to abolish Triple Talaq. After this, the Central Government started finding solutions for the issues of these women. In August 2017, Triple Talaq was termed unconstitutional by the five-judge bench of the Supreme Court of India. Also, many religious, social, and legal observations have formed against triple talaq practice. Based on the judgment given by the Supreme Court, the Indian Parliament introduced the Triple Talaq Bill.
The Bill was passed in Parliament in December 2018 to void the practice by the Indian Muslim man. This Bill was passed by the Rajya Sabha with 99 votes in its favor whereas 84 against it. However, this Bill was introduced by the Ministry of Law and Justice Ravi Shankar Prasad in Lok Sabha on 21st June 2019. Finally, the Protection of Rights on Marriage Bill 2019 was passed by both the Houses on 30th July 2019. This Bill is also known as Muslim Women Bill. It was passed to make an instant divorce a criminal offense.
From August 1, 2019, it became a law that declares any talaq practice by a husband upon his wife by oral or written or electronic media will be illegal, void as well. Besides the Bill entitles triple talaq a cognizable and non-bailable offense. As per this Bill, a Muslim man who commits this crime will have to go jail for 3 years and give fines. Besides Muslim women are also entitled to get an allowance for herself and her dependent children from her husband.
Triple Talaq Impacts
Triple Talaq adversely impacts the lives of Muslim women. This sinful culture encourages polygamy, gives mental insecurity and threats of instant divorce. It has been treated as the dominance of men over women. Hence, it goes against gender equality, women empowerment, the dignity of women, justice, and human rights. In small matters, Muslim men give triple talaq threats to their wives. This destroys the life of women and children.
Challenges for Banning Triple Talaq
There is a provision for personal laws for all religious communities in India. Religious groups infer the banning of traditional practice as it interferes with the religious aspects of minorities. It generated the issue of the rights of Muslim women marriage, divorce, and inheritance under the Personal Law. This issue got media attention when a Muslim organization, Bharatiya Muslim Mahila Andolan (BMMA) made a campaign to ban triple talaq and Nikah Halala. BMMA also reported that they have continuously been approached by complaints about the misuse of oral talaq practice.
Most of the time, men believe their action is approved by the Quran. However, it has not mentioned in the Quran, also disapproved by Muslim legal scholars. Prime Minister of India, Narendra Modi has also spoken many times on this issue, saying – Justice for Muslim Women. Many Islamic countries like Saudi Arabia, Pakistan, and Iraq fully banned this unethical practice. Even though it is legal in Sunni Islamic law. Mustafa said on this issue that it would be a very poor understanding of the law as banning is a legislative action. He advised instead polygamy should have become a crime for Muslims as well.
The non-government organization, All India Muslim Personal Law Board (AIMPLB) has opposed banning triple talaq and polygamy. It aims to educate Muslims on the protection of Islamic laws. As per the survey, 92% Muslim women wanted to ban triple talaq in India. Since it gives the right to men to arbitrarily divorce their wives without any proper reason. This is not good for a democratic and secular India to continue this unethical practice.
The Constitution of the country states to bring a uniform civil code for the whole country. However, the National Commission of Women states that this matter cannot be related to the uniform civil code. In spite of that, it should be banned to protect Muslim women’s interests. Since Triple Talaq was not an integral feature of Islam. The Supreme Court also announced this practice as unconstitutional and not protected in regard to religious freedom by Article 25.
Conclusion on Triple Talaq Essay
The latest rule is truly an encouragement in the women empowerment movement in India. The court has given progressive thoughts over the personal law in society. The abolishment of Triple Talaq will deny discrimination and injustice from Muslim women’s lives in the future. Society should also come forward against this social evil to abolish this practice. Because women’s empowerment is very essential for the progress of the nation.
FAQ’s on Triple Talaq Essay
Question 1.
What does Talaq mean?
Answer:
Talaq means divorce in an Arabic word. Under Muslim law, once a man has spoken it, immediately ends his marriage.
Question 2.
What does Triple Talaq mean?
Answer:
Triple Talaq is a procedure of an instant divorce under Islamic Law followed by Muslim men in India. It allows a Muslim husband to legally divorce his wife by pronouncing ‘Talaq, talaq, talaq’ three times. It can be pronounced in oral or written or by electronic media like email, SMS, or WhatsApp.
Question 3.
What is Nikah Halala?
Answer:
A divorced woman was not allowed to remarry her divorced husband. She had to first marry another man, a practice known as NikahHalala.
Question 4.
Triple Talaq comes under which law?
Answer:
Triple Talaq is the 1400-year-old practice among the Sunni Muslims. This instant divorce majorly occurred among Muslim communities by adherents of Hanafi School of Islamic Law. It is the divorce practice under the Sharia Law.
Question 5.
What were the types of Talaq?
Answer:
There are three types of Talaq for men and women under Islamic Law. These are Hasan, Ahsan, and Talaq-e-Bidat that is Triple Talaq. The first two are revocable whereas the triple talaq is irrevocable. The first two are not instant divorce, it takes some time whereas the triple talaq is instant divorce.