As a law student, I have had the opportunity to delve into various legal issues and practices during my LLB course. One particular topic that caught my attention was the practice of instant divorce, also known as Tripple Talaq, prevalent among the Muslim community. As part of my studies in Muhammedan law, I gained an in-depth understanding of the historical origins of the practice, its impact on Muslim women, and the developments in India towards banning it.
In this article, I will be sharing the knowledge and insights that I acquired during my studies on this topic, including the historical reference of the ban imposed by Caliph Umar, one of the Rashidi Caliphs, who banned the practice long back as it was considered as a violation of women’s rights as it was considered as an easy way out for men to escape their responsibilities.
Triple Talaq, also known as instant divorce, is a practice that has been prevalent in the Muslim community in India for centuries. The practice allows a man to divorce his wife by simply saying the word “talaq” (divorce) three times in succession. This form of divorce is not recognized by many Islamic countries and has been controversial among scholars of Islamic law.
In the Quran, the process of divorce is outlined in Surah Al-Baqarah, verse 229, where it states “Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul’ (divorce)”. This verse highlights that divorce should be a last resort and that it should be carried out in a fair and just manner.
In addition, Surah Al-Talaq, verse 1 states “O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods)”. This verse highlights that divorce should be done at the appropriate time and that the waiting period (iddah) should be accurately calculated.
In August 2017, the Indian government led by Prime Minister Narendra Modi passed the Muslim Women (Protection of Rights on Marriage) Act, which made the practice of triple talaq a criminal offense punishable by up to three years in prison. This move was seen as a significant step towards protecting the rights of Muslim women and bringing Muslim personal law in line with secular laws.
The new law has had a significant impact on Indian society, particularly on Muslim women who have been affected by the practice of triple talaq. The law has empowered Muslim women to speak out against the practice and seek legal recourse if they have been divorced in this manner. It has also led to a decrease in the number of triple talaq cases, as men are now aware that the practice is a criminal offense.
Critics of the law argue that it is a violation of religious freedom and that it further marginalizes the Muslim community in India. They also argue that the law does not address the underlying issues that lead to the practice of triple talaq, such as lack of education and economic empowerment for Muslim women. Despite these criticisms, the new law has brought about positive changes for Muslim women in India. It has given them a voice and a means to seek justice in cases of instant divorce. It also sends a strong message to society that the practice of triple talaq is unacceptable and that the rights of Muslim women must be protected.
In conclusion, The Muslim Women (Protection of Rights on Marriage) Act, which criminalizes the practice of triple talaq, has been a significant step towards protecting the rights of Muslim women in India. The law has empowered Muslim women to speak out against the practice and has led to a decrease in the number of triple talaq cases. However, it is important to note that the law alone is not enough to address the underlying issues that lead to the practice of triple talaq, such as lack of education and economic empowerment for Muslim women. The Quran also emphasizes on the proper way of divorce, as outlined in Surah Al-Baqarah and Surah Al-Talaq, highlighting that it should be a last resort and carried out in a fair and just manner.
Therefore, it is essential for society to also focus on education and empowerment for Muslim women in order to address the root causes of the practice of triple talaq and ensure that the rights of Muslim women are protected in all aspects. Furthermore, it is also important to engage in constructive dialogue and engage with the Muslim community to address concerns and find solutions that respect both the rights of Muslim women and religious freedom.
