Triple Talaq Essay | Know about the History, Challenges, and bills of Triple Talaq

Triple Talaq Essay

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Triple Talaq Essay

Triple Talaq is an instant divorce procedure under Islamic Law practised by Muslim men in India. It permits a Muslim husband to divorce his wife lawfully simply by saying ‘Talaq, talaq, talaq’ three times. It can be said orally, in writing, or through electronic means such as email, SMS, or WhatsApp. In Arabic, talaq implies divorce. According to Muslim law, once a guy says it, his marriage is over. This is also referred to as ‘Talaq-e-bidat’.

Sunni Muslims have practised triple talaq for over 1400 years. This rapid divorce was mostly experienced by Hanafi School of Islamic Law members in Muslim communities. The Muslim Personal Law Act of 1937 established the process of Triple Talaq, which granted Muslim males exceptional rights over their wives. It enables a man to arbitrarily end his marriage partnership. Under this rule, the husband is not needed to give any cause for the divorce. The revocability of divorce was determined by the duration of iddat, regardless of whether the wife is pregnant or not. Continue reading to learn more about Triple Talaq Essay for High School Students.

500+ Words Essay on Triple Talaq

Talaq is an Arabic term that means “divorce.” Triple talaq is intended to be an immediate and permanent divorce. It is a divorce procedure according to Islamic law. Triple Talaq is practised by Indian Muslims as well as Muslims from other countries. In triple talaq, a Muslim husband divorces his wife by saying “talaq, talaq, talaq” all at once. The marriage is null and void once it is spoken. It is relevant in both oral and written formats. In recent times, digital media such as email and WhatsApp are valid.

What is Triple Talaq?

Triple Talaq is a way to get a divorce under Sharia Law, which is Islamic law. A husband can divorce his wife by saying “Talaq” three times. It is also called oral talaq. In Islamic law, there are three types of divorce: Ahsan, Hasan, and Talaq-e-Biddat (triple talaq). While the first two can be changed, the last one can’t be. It is mostly seen in India’s Muslim communities that follow the Hanafi School of Islamic Law.

Under this law, wives cannot get a divorce from their husbands by using the triple talaq. Under the Muslim Personal Law (Shariat) Application Act of 1937, women who want to get a divorce from their husbands have to go to court. This Act was passed to make it possible for Muslims in India to follow Shariat, or Islamic personal law. One could say that the British colonial government’s passing of such laws was part of their “divide and rule” policy.

Visit the linked article to learn about other laws passed in British India.

History of Triple Talaq

This kind of divorce has been done by Muslims, especially Sunni Muslims, for more than 1300 years. Based on the 2011 census, this practise of divorce affects about 8% of Indian women, especially those over the age of 60. Indian Muslims say it falls under the Personal Law. Under Sharia Law, triple talaq is a way to get a divorce (Islamic Law).

Arguments against Triple Talaq

• It goes against the rights of women to be free and equal. It spreads the idea that men are better than women.
• A study found that 92% of Muslim women in India wanted to get rid of the triple talaq.
• It gave men the right to divorce their wives for any reason or no reason at all.
• Triple talaq can now be done in new ways, such as through Skype, text messages, and email.
• This is against the law in many Islamic countries, like Bangladesh, Pakistan, and Indonesia. There is no reason for a secular and democratic country like India to keep doing this.
• It goes against the Constitution’s ideas about equal rights for men and women, secularism, the right to a dignified life, etc. It goes against Article 14 (Right to Equality) and Article 15(1), which say that no citizen should be treated unfairly because of their gender, race, etc., and this kind of talaq is biassed against women’s interests.
• The Indian constitution says that the government should try to make a single civil code for the whole country. Getting rid of triple talaq will definitely be a step toward the dream of the people who made the constitution of having a single set of rules for all citizens.
• But the National Commission on Women says this issue has nothing to do with a single civil code. Still, it should be against the law to protect Muslim women’s rights.
• The Supreme Court has also said that this practise is against the Constitution and not protected by Article 25, which is about religious freedom. Also in December 2016, the Allahabad High Court said that no personal law board was higher than the constitution.
• Experts also think that the Constitution only protects the most important or integral parts of a religion. Triple talaq was not a part of Islam as a whole.

Challenges in banning Triple Talaq

Religious groups think that banning a traditional practise that Sharia says is good is a way to mess with the religion of minorities.

The courts should mostly decide on two things:

• Whether or not the constitution can apply to personal law.
• How to look at the connection between triple talaq and Muslim personal law.

Different Types of Talaq 

In general, Islamic law says that Talaq is different for men and women. Under Islamic law, men have three ways to get a divorce: Talaq-e-Biddat (also called “triple talaq”), Hasan, and Ahsan. The main difference between these three divorces is that the triple talaq can’t be taken back, while the other two can. Triple Talaq is a divorce that can be done right away, while the other two take time and can’t be done right away.

For women, there is a traditional law called “fiqh khul,” which is also called “khula.” This law says that a woman can divorce her husband if she and her husband both agree or if a judge says so. You can also find references to it in the Holy Quran or Hadees. The sayings of Prophet Mohammed are called Hadees.

Triple Talaq Bill

Recently, the male population of Islamic culture has made a lot of noise against the practise of Triple Talaq. Triple Talaq has been interpreted as male dominance of females. It is against the country’s Muslim women’s population’s rights to equality and women’s emancipation.

This divorce procedure is incompatible with the core values of gender equality and secularism. It calls into doubt the country’s Muslim women’s access to basic human rights, justice, and the dignity of women generally.

Muslim women voiced their worries and voiced their support for the elimination of Triple Talaq when Prime Minister Narendra Modi launched his campaign for the Uttar Pradesh State Elections in 2017. And the then-central government began looking for a solution to these women’s difficulties.

Triple talaq was declared unlawful by the Supreme Court of India in August 2017, and numerous social, religious, and legal arguments have been made against it since then.

A measure to ban the practise of triple talaq by Indian Muslim men was submitted in the Indian Parliament in December 2018 and eventually enacted by both Houses on July 30, 2019, in response to the atrocities suffered by Indian women and the Supreme Court’s ruling.

As of the first day of August 2019, it is now against the law to use the Triple Talaq divorce method, which can be given verbally, orally, in writing, electronically, or in any other way.

Additionally, the Bill makes the proclamation of talaq a punishable offence that is not subject to bail. A husband who declares talaq faces up to three years in prison and a fine. A Muslim woman has the right to request support from her husband for both herself and her dependent children.

Conclusion 

Every person has the fundamental right to be respected. The fact that no Muslim would experience such unfairness and discrimination in their life in the future is one of the most significant conclusions to be reached from the repeal of the Triple Talaq Bil.

The use of Triple Talaq has long been viewed as controversial by the entire world, although several Muslim nations, like Saudi Arabia, Pakistan, Indonesia, and Turkey, have long since stopped using it. The Triple Talaq Bill will not be implemented without consideration of the significance and function of Muslim clerics.

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