#talaq e biddat

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What is Talaq-E-Biddat?

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[seemabhatnagar]

Unraveling Talaq: A Legal Duel Between Tradition and Reform

Javed Naseem v. The State of Madhya Pradesh and Afreen Shaheed

Before the High Court of Madhya Pradesh at Jabalpur

Criminal Misc. Case 8056/2024

Subject Triple Talaq

Heard by Hon’ble Mr. Justice G S Ahluwalia J

Order The High Court dismissed the petition of the Husband on March 20, 2024. From the manner and conduct of the Petitioner-husband, it was evident that his intention was for irrevocable Talaq i.e. Talaq-e-Biddat and he very cleverly took the shield of Talaq-e-Ahsan by sending a registered post to his wife Afreen that if he comes within three months from the date of pronouncement, he would accept her otherwise Talaq would be Final and Operative and the relationship between them would come to an end.

Background

Respondent Afreen Shaheed married Javed Naseem in April 2017. She received a Talaqnama signed by the petitioner-husband Javed Naseem along with signature of 2 witnesses Mirza Karim Baig & Rahim Mirza on it with date reflecting as 09.10.2022 & 2.01.2023.

As per the averment of the Respondent she was given talaq as she had given birth to a girl child and had not fulfilled the demand of dowry.

Her husband, Rahim Mirza, and her mother-in-law also came to her paternal home and gave triple Talaq to her and also gave a copy of Fatwa dt 19.07.2023 of Mufti Raees who also held the Talaq as correct.

Respondent Afreen lodged an FIR against her husband, mother-in-law, sister-in-law, and Rahim Baig and Mirza Karim Baig.

In retaliation the husband Javed Naseem filed a present criminal petition invoking the inherent power of the High Court to quash the FIR and the consequent proceeding arising out of it.

Submission of the Counsel for the Respondent-Wife

Section 4 of the Muslim (Protection of Rights on Marriage) Act 2019 provides that any pronouncement of Talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or any manner whatsoever shall be void and illegal.

Submission of the Counsel for the Petitioner-Husband

The Counsel for the Petitioner contended that the petitioner had sent the Talaq-e-Ahsan by registered post on 30.1.2023 and Talaq-e Ahsan is a recognized mode of divorce under Muslim Law.

The Talaq-e-Ahsan does not have an instantaneous effect Talaq and it becomes operative only after the passing of three Menstrual cycle of the wife, therefore, it is not covered under the definition of section 2(c) of the 2019 Act.

Even after giving Talaq-e-Ahsan the husband can always withdraw the same prior to coming into force of the said Talaq.

Legal Provisions

‘Talaq’ as defined under section 2©which means talaq-e-biddat or any other similar form of talaq having the effect of irrevocable divorce pronounced by a Muslim husband.

Section 3 provides that “any pronouncement of Talaq by a Muslim husband to his wife, by words, either spoken or written or in electronic form or in any other manner would be void and illegal”.

Observation of the Court

Talaq-e-biddat is instantaneous talaq which becomes operational immediately. Whereas Talaq-e-Ahsan is revocable Talaq and it becomes operational after three menstrual cycles.

The object of the Muslim Act 2019 was to safeguard the interest of the Muslim Women from the Wrath of the Muslim Husband by pronouncing Triple Talaq at their whims.

The Talaq-e-Ahsan was written in such a form as if it was putting pressure on the Respondent Wife to come back home within three months otherwise after the expiry of the three months or the period of iddah aforesaid period Talaq will become final and irrevocable.

The husband has already expressed his irrevocable divorce to the respondent wife and has made it conditional that only if the respondent wife comes back to her matrimonial house then he would take her in kindness.

Merely because the applicant has sent Talaq-e-Ahsan with a condition that would not take his case out of the purview of section 2(c) of the 2019 Act because the applicant has already expressed his intention to grant irrevocable talaq to respondent No.2. Such a Talaq-e-Ahsan sent by the applicant is contrary to the objects of the 2019 Act.

Talaq-e-Ahsan was sent by registered post on 30.1.2023 to be in operation after three menstrual cycles.

But the husband and his mother even before the expiry of the three months came home of the Respondent Wife & gave Talaq-e-Biddat by pronouncing Talaq thrice.

Talaq-e-Ahsan had not become operative as Talaq-e-Biddat was given to the Respondent wife who made an offence against the petitioner.

[freelawbydjure]

"Triple Talaq" and Divorced Muslim Women Rights

03 March, 2023

“Marriages are made in heaven and consummated on Earth,” Supreme Court in his recent judgment quoted John Lyly. Dissolution of one’s marriage is termed a Divorce. By the legal separation of the spouses by a Court or other competent body the sacred bond of marriage gets mutilated. To ensure a smooth parting of ways the divorce is regulated by divorce laws. The divorce laws in India mainly are the Hindu Marriage Act and the Indian Divorce Act. Apart from this, Muslims are also part of India whereas the concept of marriage and divorce in Muslims is developed from a historical point of view and ancient perspectives. In Islam, divorce is known as ‘Talaaq’ and is divided into different categories. In this article, different types or modes of talaq are briefly discussed as well as two main landmark judgments are also described that act as a key for changing the legislation in favor of Muslim women.

Types of Talaq

Let us see what are the types of talaq in Muslim law:

Talaq By Judicial decree under the Muslim Dissolution of Marriage Act, 1939

Lian: When a wife is falsely charged with adultery by her husband then she has the right to ask for a divorce by filing a regular suit under the Muslin Dissolution of Marriage Act, 1939. Marriage is revoked after passing the dissolution decrees by the court. If a husband wants to prevent divorce, he can do this by withdrawing the false assertion by his wife regarding adultery before passing the decree by the court.

Faskh: This type of divorce occurs when both husband and wife feel that they are not compatible with each other. Under Section 2 of the Muslim Dissolution of Marriage Act, 1939, certain points are highlighted based on which a wife can file for a divorce. Some of them include, husband suffering from leprosy, is impotent, treats wife with cruelty, and various others.

Talaq By Mutual Consent

Khula: It is a divorce through mutual consent between husband and wife in which the husband gives the authority to his wife. The wife, for her release, gives consideration of property to her husband as well as releases Mehr and other rights. Herein, an offer is made by the wife which is then accepted by the husband. Three days time is given to the husband for accepting or rejecting the offer, once the offer is accepted, the divorce becomes irrevocable. After this, a wife has to observe iddat. 

Mubarat: In this mode of divorce, discharge or release from martial rights is performed with mutual consent among the parties. It is somehow similar to Khula but here any individual either husband or wife can make an offer.

Talaq By Wife

Talaq-e-Tafweez: A delegated form of divorce in which the husband gave the power to pronounce divorce to his wife. While doing so, he must be above 18 years of age and should be of unsound mind. The delegated power by the husband can be temporary (irrevocable) or permanent (revocable) or absolute or conditional. This type of divorce can also be termed an agreement which is between the two parties after or before marriage. 

Talaq By Husband

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For a very long time, Muslim women are fighting legal battles for their rights. The two most important battles fought by Muslim women are mentioned below:

The Two legal battles fought by Muslim Women 

First Battle: Mohd. Ahmed Khan vs Shah Bano Begum and Ors.

In this case, Shah Bano Begum was disowned by his husband Mohd. Ahmed Khan (lawyer) and tossed out of her marital house along with her five children at the age of 62 in 1975. She filed an appeal in the Madhya Pradesh High Court seeking restoration of maintenance amount of 200 rupees which was ceased by her husband. Also, she demanded an increase in the maintenance amount which is 500 rupees per month. In 1978, her husband gave an irrevocable instant divorce (triple talaq or Talaq-ul-Biddat) and used it as a defence to not pay maintenance amount. The High Court then directed her husband to pay 25 rupees per month as maintenance in 1979, whereas she further urged to increase the amount to 179 rupees per month. The MP High Court accepted the demand and provided her with 179 rupees maintenance from her husband as at the age of 62 she was unable to earn and maintain herself. Mohd. Ahmed Khan (her spouse) approached the Supreme Court challenging the High Court’s decision. 

In 1985, the Supreme Court upheld the decision of the High Court and dismissed Mohd. Ahmed Khan’s appeal. The verdict was given by Chief Justice Y.V. Chandrachud, who said that the legal liability of the husband comes to an end if a divorced wife is capable of maintaining herself. The situation, in the Shah Bano case, was vice versa; therefore, a divorced wife is entitled to gain alimony or maintenance under Section 125 of CrPC (Code of Criminal Procedure). Due to this verdict of the Supreme Court, many Muslims criticized the judgment as they considered that the verdict is against the rules of the Quran and Islamic laws. This led to huge protests; therefore, the then-Rajiv Gandhi government passed an Act, the Muslim Women (Protection on Divorce) Act, 1986, that overturned the judgment of the top Court. It was counted as one of the most misguided decisions of Rajiv Gandhi. Further, a similar case was addressed by the Supreme Court in 2017 which was another important legal battle fought by Muslim Women for their rights. 

Second Battle: Shayara Bano vs Union of India and Ors.

In 2016, Shayara Bano was divorced by her husband Rizwan Ahmed, after 15 years of marriage, by way of triple talaq without any reason. She was one of the victims of domestic violence and dowry harassment. After receiving a divorce letter from her husband declaring instant talaq, she filed a writ petition before the Supreme Court. In the petition, she challenged the constitutionality of practices of talaq-ul-biddat, polygamy, and nikah halala. The petition also highlighted that these practices are in violation of fundamental rights including Article 14 (right to equality), Article 15 (non-discrimination), Article 21 (Protection of Life and Personal Liberty), and Article 25 (Right to Freedom of religion and conscience) of the Constitution of India. The plea was supported by women’s rights organizations including BMMA (Bhartiya Muslim Mahila Andolan) and the Bebaak Collective. All India Muslim Personal Law Board, in opposition, argued that uncodified Muslim Personal law is not subject to judicial review. Also, it urged that under Article 25 of the Constitution divorce is a religious practice and thus protected. The case was referred to a larger bench as appealed by Shayara Bano and in 2017, a five-judge bench including Justices Jagdish Singh Khehar, Rohinton Fali Nariman, K.M. Joseph, S. Abdul Nazeer, and Uday Lalit gave the decision on the matter.

The bench delivered the judgment in favor of Shayara Bano and declared triple talaq unconstitutional by a 3:2 majority. The Supreme Court also ordered the legislature to take appropriate measures to stop abuse against women. While giving the judgment, Justice K.M. Joseph observed that talaq is against the Quran and said that “What is held to be bad in the Holy Quran cannot be good in Shariat and, what is bad in theology is bad in law as well.” The other two judges, Justice Uday Lalit and Justice Rohinton Nariman said that talaq-ul-biddat is an unconstitutional practice as it is arbitrary as well as regulated by the Muslim Personal law (Shariat) application, 1937. Justices S. Abdul Nazeer and Jagdish Singh Khehar stated that it is an essential religious practice in Muslim culture and is followed by a large number of people. Lastly, the Supreme Court stated that talaq-ul-biddat violates fundamental rights under Part III of the Indian Constitution. Through this verdict, the government of India took certain measures for improving the lives of Muslim Women and passed the Muslim Women (Protection of Rights on Marriage) Act, 2019.

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

This Act was passed after the 2017 judgment of the Supreme Court in the Shayara Bano case focusing on the protection of the rights of married Muslim women as well as preventing instant divorce by pronouncing triple talaq. This Act introduced various changes in the context of Muslim law. Under Section 3 of this Act, it is illegal or void to pronounce triple talaq by a husband to his wife in any manner either written, verbal, or using any electronic media. According to Section 4 of this Act, any person who pronounces talaq in such a manner is subjected to imprisonment of 3 years or is fined. Moreover, Section 5 of this Act ensures Muslim women that they can seek allowance for maintaining themselves and their children from their husbands as well as Section 6 ensures that custody of a minor child is entitled to Muslim women. In addition to this, Section 7 of the Act illustrates that bail can be granted to the accused by the Magistrate on reasonable grounds. 

Conclusion

In a nutshell, there are more than one mode of divorce in Muslim law but talaq-ul-biddat is one of the most sinful and disapproved forms of divorce also known as triple talaq. Muslim women are not aware of the rights provided to them and are bound to the Muslim Personal Law. In early times, Muslim women who were disowned by their husbands were not able to reach the Court to fight for their rights. But after the Shayara Bano case, there had been various changes in the legislation for improving the lives of Muslim females. The most important legislation passed by the government after the 2017 case was the Muslim Women (Protection of Right on Marriage) Act, 2019 which declared instant talaq illegal or void. 

[sareideas]

साहब: मेरी बीवी बीड़ी पीती है, समझाने पर भी नहीं मानती, मुझे उससे तलाक दिला दो, पति की एसएसपी दफ्तर में गुहार - news 2022

साहब: मेरी बीवी बीड़ी पीती है, समझाने पर भी नहीं मानती, मुझे उससे तलाक दिला दो, पति की एसएसपी दफ्तर में गुहार – news 2022

सार बुलंदशहर के जहांगीराबाद कोतवाली क्षेत्र निवासी एक व्यक्ति करीब एक सप्ताह पूर्व एसएसपी दफ्तर स्थित महिला सेल कार्यालय पहुंचा। यहां उसने पत्र सौंपते हुए कहा कि साहब, मेरी बीवी बीड़ी पीती है। जिससे मुझे एलर्जी होती है, कई बार समझाने के बावजूद नहीं मानती। उससे तलाक दिला दो।  ख़बर सुनें ख़बर सुनें साहब, बीवी बीड़ी पीती है। जिससे मुझे एलर्जी होती है, कई बार समझाने के बावज��द नहीं मानती। उससे तलाक…

[tezlivenews]

तलाक को लेकर राजस्थान हाईकोर्ट का महत्वपूर्ण आदेश, अब 6 माह से अधिक इंतजार नहीं!

तलाक को लेकर राजस्थान हाईकोर्ट का महत्वपूर्ण आदेश, अब 6 माह से अधिक इंतजार नहीं!

हाइलाइट्स तलाक की लेकर राजस्थान हाईकोर्ट का महत्वपूर्ण आदेश न्यायाधीश दिनेश मेहता की अदालत ने दिया आदेश आपसी सहमति से तलाक के लिए छह माह से अधिक इंतजार नहीं करावें जोधपुरराजस्थान उच्च न्यायालय ने सहमति से तलाक मामलों को लेकर एक आदेश दिया है। उदयपुर फैमिली कोर्ट के एक आदेश को अपास्त न करते हुए यह आदेश दिया हैं। आदेश में कहा गया है कि फैमिली कोर्ट की धारा 13 बी के अन्तर्गत आपसी सहमति से तलाक के…

[newzzhub]

Triple Talaq Got Support From “Merchants Of Vote Bank”: Minister MA Naqvi Triple talaq law came into force a year ago, making the practice a criminal offence (Representational)

[newsoutbursts]

Triple Talaq Was Given "Political Patronage By Merchants Of Vote Bank": Minority Affairs Minister

Triple Talaq Was Given “Political Patronage By Merchants Of Vote Bank”: Minority Affairs Minister

Triple talaq law came into force a year ago, making the practice a criminal offence (Representational)

New Delhi:

Triple talaq was given “political patronage” by “merchants of vote bank”, and it was the Narendra Modi government that made it a criminal offence thus bolstering self-reliance and self-confidence among Muslim women, Minority Affairs Minister Mukhtar Abbas Naqvi said today.

Addres…

[dranupamkumarmishra]

Triple Talag Bill

Triple Talaq Bill    “Talaq” refers to talaq-e-biddat or any other kind of talaq that has the impact of an instant and irreversible divorce proclaimed by a Muslim spouse. On June 21, 2019, the Muslim Women (Protection of Rights in Marriage) Bill, 2019 was tabled in Lok Sabha. Triple Talaq is a divorce procedure under Sharia Law (Islamic law) in which a husband can divorce his wife by saying…

[pen2print]

TRIPLE TALAQ

According to the Islamic Law, different types of Talaq are there for men and women. There are three types of divorce for men, namely Talaq-e-Biddat (Triple Talaq), Hasan and Ahsan. Triple talaq is irrevocable whereas the other two are revocable. For women, there is ‘khula’, a traditional way of allowing the women to divorce their husbands by a judicial decree or mutual consent. Triple talaq is…

[teamattorneylex]

SHAYARA BANO V. UNION OF INDIA AND ORS (2017) 9 SCC 1

This Case Summary is written by Krithika CJ, a student of Bishop cotton women’s Christian law college INTRODUCTION: On 22nd of August in 2017 the Supreme Court of India pronounced Muslim separation through triple ta-laq illegal. Via triple (talaq–e–biddat) Muslim men could separate from their spouses in a flash and without state intercession by articulating “talaq” threefold. The case had been…

[lawdocs51]

Triple talaq, additionally referred to as “talaq-e-biddat, instant divorce and talaq-e-mughallazah (irreversible divorce), is a form of Islamic divorce which has been used by Muslims in India, in particular disciples of Hanafi Sunni Islamic faculties of jurisprudence.

[freelawbydjure]

Validity Of Triple Talaq

A divorce is the legal separation of a married couple. Consequently, the divorce process is challenging for all parties involved, including the divorced spouses. As the urdu word for divorce, talaq refers to the practice of divorcing one's spouse three times in a single sitting, also known as Triple Talaq. If a woman is not menstruating or in a state of chastity, she is deemed innovative (or evil) (tuhr). 

Read Supreme Court Judgements

Talaq is a controversial topic in Muslim personal law, which the author investigates in light of recent events. To end this discriminatory practice, a legitimate reading is given to Articles 14, 15, and 21. The researcher also sought to provide a worldwide perspective on the Quran-based practice of Triple Talaq. Shayara Bano v. Union of India and Others found triple talaq to be unlawful. 

The purpose of this study is to provide a critical evaluation of the 'Triple Talaq' dispute. It is believed that this will educate law students about the divorce norms of Muslim personal law.

Analysis

The majority of the source material for this study comes from secondary sources, such as papers, books, journals, committee reports, newspaper stories, statutory provisions and norms of law, legal doctrines, regulatory authorities' published guidelines, etc.

In Islam, divorce is considered a necessary evil rather than a sin. Among all authorized actions, Talaq is the most abhorrent to God, according to a Hadith (professor's saying).

Talaq is an Arabic term that means "repudiation or untying" The second the word "Talaq" is uttered, the divorce procedure begins, and the wife is not need to be present. Talaq, as stated in Moonshee Buzloor Rahim v. Laleefutoon Nisa, is an arbitrary act perpetrated by the Muslim husband, who, according to Muslim Law, may divorce his wife at any moment, with or without cause. He need not be there with his wife in order to pronounce Talaq. Despite the fact that marriage is a civil contract that can be dissolved if neither party fulfills the contract's stated purpose, it is essential to respect and honor marriage, which should last as long as feasible. 

In Islam, "Talaq," or divorce at the request of the husband, has two meanings: "Talaq-al-sunnah" and "Talaq-e-biddat." Is 'Talaq al-sunnah' a version of 'Hasan', in which three proclamations are made during three successive 'Tuhrs' (periods of the wife's purity) and Talaq is irreversible after the final proclamation? In addition, there is the option of 'Ahsan,' which requires a single Talaq to be delivered during the wife's 'Tuhr,' or the time between her menstrual cycles, and that the divorce becomes final after three 'Tuhrs.'

Regarding divorce, the 'Talaq-e-biddat' or 'Triple Talaq' is regarded as an uncommon practice. It is considered one of the most immoral acts by Mohammedan jurists, and it is outlawed in the United States. According to Ameer Ali, in the second century of the Muhammadan era, the Omeyad Monarchs adopted Talaq-e-biddat. 

Triple Talaq occurs when the word 'Talaq' is uttered simultaneously, during the same meeting, or again during the same tuhr period.

In regards to divorce, Islam offers husband and wife equal rights because it views marriage as a civil contract. When the husband begins the divorce, it is known as "Talaq," when the wife initiates it (as was the case prior to the reforms of the Mussalman Law of Divorce), it is known as "Khula," and when both parties initiate it, it is known as "Mubaaraab." 

Scripture and Triple Talaq

Regarding the Quran and Triple Talaq, the Quran does not indicate that a single Triple Talaq consists of three Talaqs.

6 As stated in verses 229-230 of the Holy Quran, a maximum of two divorces is mandated to prevent erratic and sporadic separations and reunions. Reconciliation is conceivable after a second divorce, but a third divorce is irreversible until the woman marries another man and he divorces her.

Marrataan (twice) indicates repetition in this verse "Talaq' or to give a divorce, with the number of times it was pronounced being stated.

Talaq, Talaq, Talaq, or the "three Talaqs""

They are considered to be three when spoken or uttered. Instead of repeating the word "Talaq," "marrataan" means to issue a second Talaq. 

As Shams Prizada argues in his book "Triple Talaq in the Light of the Quran and Sunnah," the Arabic word "marrataan" never refers to a literal repetition of a sentence when it means "on a second occurrence following the first." Talaq-e-Bidat is considered the most immoral and ingenious kind of divorce because it opposes both the letter and spirit of the Quran and was forbidden by the Prophet Muhammad (PBUH).

In verse 230 of the Holy Quran, the husband is admonished not to damage marital connections if he has an outpouring of passion or rage. Al Ghazaalee once stated that divorce is acceptable in Islam only for valid reasons and in extreme cases of necessity, and not for the purpose of causing the wife grief or harassment.

In his book "Religion of Islam," Mohammed Ali stated, "The notion that a Muslim husband may divorce his wife based on his whims is a serious misunderstanding of the Islamic Institute of Divorce."

Although this is the current reality, the majority of Triple Talaq occurrences (reported) were the result of a spouse's violent outburst or trivial argument. Talaq-e-Bidat is the most unethical and artificial form of divorce in Islam, as it violates the Quran and is forbidden by the Prophet (PBUH). Consequently, in light of Quranic scriptures, it is essential that Triple Talaq is not regarded as a valid component of Muslim Personal Laws, as it contradicts the clear commands of the Holy Quran.

Judicial Pronouncements

After decades of protests by Muslim women, the Islamic tradition of Muslim men immediately divorcing their wives has been ruled illegal and null and void. The Supreme Court was petitioned by seven victims and a women's group. Particularly male religious officials have fought progressive Muslim women's efforts to end the practice of forcing men to divorce their wives.

According to activists, a lack of fundamental awareness among India's Muslim community has made it harder for women to organize legal and social campaigns challenging this practice. In the event of an immediate Triple Talaq, attempts to restore the marriage are impossible and will never occur, leaving the divorced woman to fend for herself. 

As of the date the declaration was presented, may the fact that a husband filed for divorce without alerting his wife in writing constitute grounds for divorce? In the other case, Shamim Arsa v. Uttar Pradesh, this question arose. According to the judge's decision, a husband's written divorce declaration does not constitute Talaq; therefore, it cannot be declared that Talaq takes effect when his spouse makes the written statement of divorce public. The judge observed in her dicta that no ancient Muslim holy book or scripture bears a reference to a form of divorce sanctioned by the High Court and the Family Court. 

No affidavit or pleading has been brought to our knowledge that specifies that the date the woman learns from the copy of the husband's affidavit or pleading that he has already divorced her on an indeterminate or specified date would be deemed the date of the effective divorce."

On the contentious topic of Triple Talaq, the Allahabad High Court, which oversees issues regarding Muslim personal law and is home to nearly 19 percent of India's Muslim population, has decided strongly in favor of Muslim women.

In October 2015, a Supreme Court panel examining a case involving the Hindu Succession Act requested the formation of a separate court to investigate whether Muslim women face gender discrimination in divorce procedures. A lawyer, Mukul Rohatgi, was hired to assist with legal objections to the legality of triple talaq. The administration's opposition to triple talaq has been vocal.

In May of 2017, a Constitutional Bench of five judges was constituted to review the matter. The court contacted the All-India Muslim Personal Law Board (AIMPLB) to see if they would let women to reject Triple Talaq. 

In another case, Masroor Ahmed v. State, the so-called customary law situation of Muslim women is deemed offensive. Consequently, all Muslim women's organizations have criticised customary law for allegedly violating their human rights. They want Shariah (Islamic personal law) to be applied to them as well. Upon the establishment of Muslim Personal Law, they will attain their rightful position. If this measure is passed, it will have a hugely positive impact on society by clearly establishing the rights and responsibilities of the public."

As evidenced by these words, Indian judges no longer surrender their sense of justice to the whims of Islamic clerics and political correctness. Due to the AIMPLB's concerns claiming the practice dated back 1,400 years, the court determined the practice to be unconstitutional in August 2017.

Thus, it must be determined that the Supreme Court of India's ruling in Shayaro Bano v. Union of India violates Article 14 of the Indian Constitution. Because the 1937 Act recognizes and enforces Triple Talaq, it falls under the description of "laws in operation" as stipulated in article 13. Therefore, it must be repealed because it is invalid for recognizing and executing Triple Talaq. The learned Attorney General and those who supported him argued that Section 2 of the Muslim Personal Law Act of 1937 discriminated against non-Muslims in these situations. However, we see no basis to reiterate this judgment because it has already been deemed arbitrary. 

Conclusion

By virtue of the practice of triple Talaq, Muslim males can divorce their wives without their agreement. This discriminatory practice deprives women of economic security, legal protection, and social support. They are guaranteed equality and a fair standard of living under Articles 14 and 21, respectively.

In A.S. Parveen Akthar v. Union of India, the Supreme Court of India upheld the legitimacy of Triple Talaq, dealing a serious blow to fundamental liberties. Individuals have a constitutional right to privacy, as outlined in Articles 14, 15, and 21, and this clearly falls short. Equal opportunity is a pillar of the democratic system in India.

Equal opportunity is, according to the Supreme Court, a fundamental tenet of the Constitution. Article 15(1) of the Indian Constitution bans state discrimination based on religion, race, gender, or any combination thereof. Article 15 is violated by this form of talaq since it discriminates against women based on their religion and sexual orientation. Article 21 of the Constitution states that a person's right to life and liberty may only be denied by law. The Triple Talaq jeopardizes the validity of Article 21 by deviating from the customary divorce arrangement.

In response to the Supreme Court's momentous decision invalidating the centuries-old practice of Triple Talaq, the government has begun steps to criminalize it. The Rajya Sabha of India is still discussing a bill that was passed by the lower house but has not yet been adopted by the upper house because it criminalizes divorce even if the wife is not evicted or separated from her husband.

Following the unexpected judgment by the Supreme Court to outlaw the centuries-old practice of Triple Talaq, the government has begun steps to criminalize this practice. The lower house of India's parliament has passed the Talaq-e-biddat law, however the upper house has not yet confirmed it due to concerns regarding some of the ideas.

The constitution authorizes states to adopt measures to improve the position of women. India has ratified a number of international conventions and protocols designed to promote gender equality in society. The Convention on the Elimination of All Forms of Discrimination Against Women has been ratified by India (CEDAW).

The Convention on the Elimination of All Forms of Discrimination against Women prohibits triple talaq (CEDAW). To comply with the Convention on the Elimination of All Forms of Discrimination Against Women, India must pass legislation safeguarding Muslim women from unintended divorce and guaranteeing them the same rights as men.

There is an urgent need for comprehensive, directive-compliant legislation. Due to the progressive nature of Islamic law, it may serve as the basis for a uniform civil code. While the Quran states that men and women are equal, traditional Muslim society has limited this to its own level and enacted a number of rules restricting the rights of women.

Despite advancements in other nations, the ULEMA acknowledges that women have not yet achieved full equality. If the state adopts a Uniform Civil Code, this disparity could be corrected for Muslim women. When the Talaq legislation is repealed, all members of the community will have equal access to justice and be treated equally.

[gocurrentcom]

Court Seeks Centre’s Reply On Punishment For Triple Talaq Pronouncement The pronouncement of "triple talaq'' or "talaq-e-biddat'' is already declared void. (Representational) New Delhi: The Delhi High Court has sought the Centre's reply on a plea seeking to declare as unconstitutional the provision penalising a Muslim husband for pronouncing ''talaq'' upon his wife.

[manoj2023]

The Modi government is observing July 31 as Muslim Women Rights Day, marking the first anniversary of the passage of the anti-triple talaq law in Parliament. On the occasion of the first anniversary of law-making Triple Talaq a criminal offence which got Presidential nod last year after getting approval from the Parliament, the day is declared as the Muslim Women’s Rights Day across the country. Triple Talaq Bill was passed in the Lok Sabha on 25th July 2019 with 79% of MP voting in favour and 21% voting against it. Further, it was passed by the Rajya Sabha on 30th July 2019 with 54% votes in favour and 46% voting against it. Finally, after getting the Presidential nod it became a law in the country. Triple Talaq also known as “talaq-e-biddat” was a special provision bestowed upon Muslim man by the Muslim Personal Law (Shariat) Application Act of 1937. The law legalised and allowed the practice of Triple Talaq which gave Muslim husband some special privileges over his wife. This law has provisions which allowed the husband to cancel all marital ties with his wife by simply uttering “talaq” word three times. The bill makes any such act of divorce a legal offence and makes it void and illegal.The act further states that any man whosoever practices Triple Talaq mode of divorce shall be punished with an imprisonment of three years or fine or both. The offence is non-bailable and entitles the married woman to take custody of her minor children. The country has seen a decline of 82% in the triple talaq case since the implementation of the act. As per a data from the ministry officials which were collected from various Waqf boards, around 383,000 cases of Triple Talaq were reported in India from 1985 until the formation of Act in 2019. After the implementation of the new act post-July 2019, only 1,039 cases of triple talaq were recorded. #todaysday #bjp #tintalak #Firstmuslimwomenrightsdayinindia https://www.instagram.com/p/CDVJd1yHBcE-6aa7MrmhqzrIYPVmRhQex2tJn80/?igshid=1mm1x9t33grtw

[sachwlang]

A year ago today, we reached a defining moment in empowerment of women

A year ago today, we reached a defining moment in empowerment of women

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Exactly a year ago today, the Muslim Women (Protection of Rights on Marriage) Act, 2019, was passed by both Houses of the Parliament. This Act, in substance, declared the triple talaq, ie talaq-e-biddat or any other similar form of talaq, illegal. Any Muslim husband who pronounces such talaq to his wife can suffer imprisonment for a term of three years and also be liable for fine.

The…

[bbcbreakingnews]

About 82 per cent decline in triple talaq cases since law enacted by Modi govt: Naqvi

NEW DELHI: There has been about 82 per cent decline in triple talaq cases since the law against the “social evil” was put in place, Minority Affairs Minister Mukhtar Abbas Naqvi said on Wednesday, terming August 1, when the legislation came into being as, “Muslim women’s rights day”. He also asserted the Muslim Women (Protection of Rights on Marriage) Act, 2019, has taken its course whenever such a matter has been reported. In an article ‘Triple Talaq — Big Reform, Better Result’ which was posted by Press Information Bureau, Naqvi said triple talaq or talaq-e-biddat was neither Islamic nor legal, but the social evil was still given “political patronage” by “merchants of votes”. “August 1, 2019, is a historic day in Indian parliamentary history when the bill against triple talaq was made a law despite the obstacle by so-called ‘champions of secularism’, including the Congress, Communist Party, Samajwadi Party, Bahujan Samaj Party and Trinamool Congress,” Naqvi said. August 1 became the day which ensured gender equality and strengthened constitutional, fundamental and democratic rights of the Muslim women, he said, terming it the ‘Muslim women’s rights day’. That day will remain a “golden moment” in Indian democracy and parliamentary history, the minister said in the article. “One year has passed since the law against triple talaq was passed and there is a decline of about 82 per cent in triple talaq cases thereafter,” Naqvi said, without elaborating on the figures of such cases. A law against the “social evil” of triple talaq could have been passed in 1986 when the Supreme Court had given the historic judgement in the Shah Bano case, he said. The Congress had an absolute majority in Parliament with more than 400 out of 545 Lok Sabha members and more than 159 out of the 245 Members in Rajya Sabha, but the then Rajiv Gandhi government used its strength in Parliament to make the judgement ineffective and deprive Muslim women of their constitutional and fundamental rights, Naqvi said. “The then Congress government had bowed down before the illogic of some ‘narrow-minded fanatics’ and committed a criminal sin to deprive the Muslim women of their constitutional rights,” Naqvi said. The Congress’ “mistake of the moment” became a “punishment of decades” for the Muslim women, he said. “The Congress was worried for ‘vote ka udhaar’ (the loan of votes), while our government was worried for ‘samajik sudhaar” (social reform),” Naqvi said India runs on a Constitution, not on Shariat or any other religious textbook, the minority affairs minister asserted. Noting that earlier various legislations had been brought in the country to abolish social evils such as Sati and child marriage, Naqvi said the law against triple talaq has nothing to do with religion and was made purely to ensure gender equality by ending an “inhuman, cruel and unconstitutional practice”. “Instant divorce by verbally saying Talaq thrice is illegal. There were several incidents coming where women had been given talaq through letter, phone or even through messages and WhatsApp. Such incidents are unacceptable in a sensitive country and to a government committed to inclusive development,” Naqvi said. Several Muslim-majority nations of the world had declared triple talaq illegal and un-Islamic such as Egypt, Pakistan, Bangladesh, Syria and Malaysia. However, it took 70 years for India to get rid of this inhuman and cruel practice, Naqvi said. The minister said the month of August is recognised as one of revolution, rights and reforms in the Indian history — August 8, Quit India Movement; August 15, Independence Day; August 19, World Humanitarian Day; August 20, Sadbhavana Diwas; and August 5, the abolition of Article 370. The Narendra Modi government made the law against triple talaq to make the Supreme Court’s judgement of May 18, 2017, effective. By enacting the triple talaq law, the Modi government has strengthened socio-economic, fundamental and constitutional rights of the Muslim women. The government is committed to social reforms and empowerment of all sections, Naqvi said.

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