Triple Talaq Bill, 2019

Triple Talaq is a divorce proceeding under Islamic law (Islamic law). The husband can divorce his wife by uttering three sounds of “Talaq”. This is also called oral talaq. There are three types of divorce under Islamic law, namely Ahsan, Hasan and Talaqe Biddat (triple talaq).  The first two can be revoked and the last one cannot. It is mainly popular with the Indian Muslim communities who follow the Hanafi Islamic Law School. According to this law, a wife cannot divorce her husband in the form of a triple talaq. According to the Muslim Personal Law Enforcement (Islamic Law) Act of 1937, women must go to court to divorce their husbands. The law was passed to regulate the application of Islamic Sharia law or Islamic personal law to Indian Muslim.

 But at the year 2019 the triple talaq bill was removed by the government by following the approval of both houses of parliament, the president accepted the triple talaq bill passed by parliament and transformed it into a law that made immediate divorce between Muslims a punishable offense. This bill will replace the decree with the same effect promulgated on February 21 of the year 2019. The bill was made after the Supreme Court ruling in 2017 that the practice of instant triple talaq is unconstitutional and passed three talaq pronunciations in a meeting to declare divorce invalid and illegal.

The things which are mentioned in the triple talaq bill are-

  • Talaq-e-biddat refers to a Muslim man who reads talaq to his wife three times at a time, resulting in an immediate and irrevocable divorce.
  • According to the Triple Talaq Act, a Muslim who speaks of an instant triple talaq will be sentenced to three years in prison. According to the Triple Talaq Act, the defendant is entitled to a bond granted by the magistrate. However, bail can only be granted after the magistrate has listened to the views of the victimized woman.
  • Nikah halala refers to the practice that a divorced Muslim woman must marry another man, complete the marriage, and get divorced. Only then can she be qualified to remarry her ex-husband.
  • The triple talaq bill makes talaqebidat illegal verbally, in writing, by text message or WhatsApp or any other method of electronic chat.
  • The triple talaq bill also proclaims talaqebidat convictions, giving police officers the power to arrest criminals without an arrest warrant.
  •  To examine the perceptible abuse of the crime, the triple talaq bill declares talaq biddat only when the victimized woman or one of her relatives or blood relatives files a complaint.
  • According to the Triple Talak Act, divorced Muslim women have the right to claim custody of their minor children. This will be decided by the magistrate.
  •  A woman divorced through talaqebiddat has the right to raise herself and her dependent children under the Triple Talaq Act. The magistrate has the power to determine the amount of the allowance.

The bill is the right step to end the suffering of Muslim women who have been receiving instant talaq for several years. However, there are still certain provisions that require careful consideration and debate, such as the Triple Talaq penalty. Likewise, measures should be taken to end bad practices or discrimination against women in other religions/society as a whole. This is a law to ensure that such capriciously divorced women in the Indian Muslim community put an end to their suffering. However, the criminalization of this customary procedure raises the question whether this legislative measure has been carefully considered. It remains to be seen how the public (especially the Indian Muslim community) and the courts will address this issue in the years to come.

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