The Triple Talaq is not mentioned in the Qur`an. It is also widely disapproved of by Muslim jurists. Many Islamic countries have banned this practice, including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence. The triple talaq in Islamic law is based on the belief that the husband has the right to refuse or dismiss his wife for a good reason. [28] [29] Triple talaq, immediate divorce[1] and talaq-e-mughallazah (irrevocable divorce),[2] was a form of Islamic divorce used by Muslims in India, particularly by followers of Hanafi Sunni Islamic schools of jurisprudence. [3] [4] It allowed any Muslim man to legally divorce his wife by pronouncing the word talaq (the Arabic word for “divorce”) three times in a row in oral, written or, more recently, electronic form. Any divorce can only be enforced by a court decision. A divorce agreement between husband and wife is not considered a divorce, only a court decision can constitute a divorce. It is governed by the Marriage Act No. 1 of 1974 (“Marriage Act”), which is also regulated by Government Decree No. 9 of 1975 on the implementation of the Marriage Act No.
1 of 1974 (“Marriage Ordinance”). According to the Tunisian Civil Status Act of 1956, it establishes that the institution of marriage is the responsibility of the State and the judiciary, which cannot allow the husband to divorce his wife unilaterally without explanation of reason. Egypt (a secular state): Law 25 of 1929, as amended by Law 100 of 1985: “Article 1. A talaq pronounced under the effect of intoxication or coercion is not effective. Article 2. A conditional talaq that is not intended to take effect immediately has no effect if it is used as an inducement to take or refrain from taking action. Countries such as Bangladesh, Malaysia, Algeria, Jordan, Iraq, Brunei, the United Arab Emirates, Indonesia, Kuwait and Morocco are also among the Muslim countries where triple talaq is banned. The use and status of triple talaq in India has been the subject of controversy and debate. Those who question this practice have raised issues of justice, gender equality, human rights and secularism.
The debate involved the Government of India and the Supreme Court of India and is linked to the debate on a unified Civil Code (Article 44) in India. [5] On 22. In August 2017, India`s Supreme Court declared the immediate triple talaq (talaq-e-biddah) unconstitutional. [6] [7] [8] Three of the five judges on the panel agreed that the practice of triple talaq was unconstitutional. [9] The other two declared the practice constitutional. [10] Three of India`s neighbors – Pakistan, Bangladesh and Sri Lanka – are among 23 countries in the world that have banned triple talaq. [11] The Qur`an has established ways to avoid hasty divorces. [12] It prescribes two three-month waiting periods before the divorce becomes final, giving the husband time to reconsider his decision. [12] On July 30, 2019, the Indian Parliament declared the practice of triple talaq illegal and unconstitutional and criminalized it as of August 1, 2019.
India and 22 other countries have banned the practice. — Photo from the tribune: Mukesh Aggarwal “3. Subject to subsection (5), unless a talaq is withdrawn earlier, expressly or otherwise, it does not take effect until ninety days after the date on which the notice referred to in subsection (1) is served on the president. Turkey does not recognize extrajudicial divorce or “talaq-e-biddat”. Divorce proceedings in the country can only be initiated if the marriage has been registered with the Office of Vital Statistics. Divorce proceedings take place in the civil court. Triple talaq is a form of divorce practiced in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The announcement can be made orally or in writing or, more recently, by electronic means such as telephone, SMS, e-mail or social media. The husband did not need to give a reason for the divorce, and the wife did not have to be present at the time of the announcement. After a period of identity during which it was determined whether the woman was pregnant, the divorce became irrevocable. [20] [21] In recommended practice, a waiting period was prescribed before each promulgation of the Talaq, during which reconciliation was attempted. However, it has become customary to make all three statements in one sitting.
Although the practice was frowned upon, it was not prohibited. [22] A divorced woman could not remarry her divorced husband unless she first married another man, a practice called Nikah Halala. “Article 3. A talaq to which a number is expressly or implicitly attached is effective only as a single and revocable divorce. Section 4. Symbolic expressions of talaq, i.e. Words that may or may not imply divorce do not cause divorce unless the husband really wanted it. Sri Lanka`s Marriage and Divorce (Muslim) Act 1951, as amended until 2006, banned triple talaq, according to a report by Pakistani academic Muhammad Munir. The triple talaq law proposed by the previous Modi government became obsolete when an election was called, and the Lok Sabha was dissolved before the law was sent to the Rajya Sabha for approval. Before moving on to the discussion, we need to know the concept of triple talaq – which in reality is not intended for a three-beat pronunciation, but for a three-step process, and never all at once without arbitrators on both sides, because Islam offers provisions for rethinking, rethinking and reconciling when possible. In other words, “a divorce accompanied by an explicit or implicit number counts as only one divorce, and this divorce is revocable unless three talaqs are given, one in each menstrual cycle.” Therefore, the instant verbal triple Talaq definitely contradicts the spirit of Islam.
Here you will find the list of countries where Triple Talaq is prohibited by law. In traditional Islamic jurisprudence, triple talaq is considered a particularly frowned upon but legally valid form of divorce. [34] Changing social conditions around the world have led to growing dissatisfaction with traditional Islamic divorce law since the early 20th century, and various reforms have been implemented in different countries. [35] Unlike practice in most Muslim-majority countries, Muslim couples in India are not required to register their marriage with civil authorities. [36] Muslim marriages in India are considered a private matter unless the couple decides to register their marriage under the Special Marriage Act, 1954. [36] Due to these historical factors, reviews by governments of other countries on unilateral divorce of the husband and prohibition of triple talaq have not been implemented in India. [36] Interestingly, Egypt was the first country to ban the practice – as early as 1929. In Afghanistan, triple talaq is invalid if it takes place in only one session. In Pakistan, triple talaq was abolished when it issued its Muslim Family Rights Ordinance in 1961, according to Geo News. In Afghanistan, divorce is considered invalid by three announcements in a single session. Describing the practice of triple talaq as “barbaric and inhumane,” Prasad said Wednesday that nearly 22 countries have regulated triple talaq, but gender equality in a secular country like India has completely disappeared due to blatant electoral policies.
“Islamic countries like Eqypt, Pakistan and Bangladesh have regulated triple talaq. You said that you can`t say Talaq in one sitting. India is a secular country. When women are abused, we have to make a decision,” Justice Minister Ravi Shankar Prasad told the Lok Sabha on Thursday. Last year, India`s Supreme Court banned the immediate triple talaq, or “talaq-e-biddat,” practiced by some members of the Muslim community, saying it was “unconstitutional.” The Supreme Court on Tuesday ruled that triple talaq among Muslims violated fundamental teachings of the Quran and ruled that the practice was “invalid and invalid.” A five-judge constitutional panel said in a 395-page order: “Given the different opinions recorded by a 3-2 majority, the practice of `talaq-e-biddat` – triple talaq – is set aside.” In Egypt, the concept of “immediate” triple talaq does not exist. There is a mandatory waiting period between the pronunciation of each talaq. It`s usually three months. The first “Talaq” is considered only as a single and revocable declaration of divorce. India`s neighbors, Pakistan, Bangladesh and Sri Lanka, are among the countries that have banned the triple talaq prevalent among Muslims for divorce.
India and 22 other countries have banned the practice. On the grounds that the practice of immediate triple talaq continued unabated despite the Supreme Court strike, the government issued an order to make the practice illegal and invalid. [74] Triple talaq was supported by the All India Muslim Personal Law Board (AIMPLB), a nongovernmental organization that monitors the application of Muslim personal law. He believes that the State has no right to intervene in religious affairs. AIMPLB lawyer Kapil Sibal said that while immediate talaq could be considered a sin by some, “the validity of a community`s customs and practices is a slippery slope.” [55] Kapil Sibal cited Section 371A to assert that even the Constitution is intended to protect matters of communal practice, tradition, and custom. [56] However, Sibal also objected to this practice (see previous section). The bill, which aims to criminalize the practice of triple talaq or talaq-e-biddat, is being aggressively pushed by the BJP in parliament. The government had sent a note to all MPs outlining their position on why the law should be passed. Immediate divorce is called Talaq-e-bid`at.