family law- forms of talaq

1. FAMILY LAW 1
Different Forms Of Talaq

2. INTRODUCTION:
Talaq is an Arabic word and its literal meaning is ‘to release', Under Muslim law, Talaq means repudiation of marriage
by the husband. As a mode of divorce, Talaq is peculiar because a Muslim husband has an unrestricted right to divorce
his wife without giving any reason.
WHO IS A MUSLIM? The term Muslim means submission. A Muslim is a person who follows Islam. Muslim law
applies to a born Muslim or a person who is a convert Muslim.
In Azima Bibi v. Munshi Samalanand[1], (1912) 17 CWN 121
In Bhaiya Sher Babadur v. Bhaiya Ganga Baksh Singh[2], (1914) 41 IA 1,
The source of development of these are personal laws, which happen to be Quran (holy book of Muslim), Sunna
(precedent), Ijma (consensus) and Kiyas (analogical deductions), among these four sources Quran is the primary source.

3. 1. Essentials Of Talaq:
1. Capacity
2. Free Consent
3. Express Words
4. Under Sunni Law
5. Under Shia Law

4. 2. Forms Of Talaq:
Talaq-ul-Sunnat: This form of divorce is based on Muslim Personal Laws. It is further
sub-divided into the following categories:
1. Ahsan
2. Hasan
Talaq-ul-Biddat :It is this disapproved/sinful form of divorce. It is also known as triple talaq, after
pronouncing talaq three times it becomes irrevocable immediately
1. Ila
2. Zihar

5. 1. In Saiyad Rashid Ahmad v. Anisa Khatun
2. Rukia Khatun v. Abdul Laskar
3. Shamim Ara v. State of UP
4. Mohd. Ahmed Khan vs Shah Bano
5. Shayara Bano vs Union of India
3. Case Laws:

6. 4. Interpretations:
● Talaq-ul-Biddat or triple talaq is unconstitutional as it violates Article 14 of the
Constitution.
● Talaq-ul-Biddat also violates Article 21 of the Constitution on the grounds of the right
to live with human dignity.
● Thus, personal laws of Muslims are given prominence unless and until they are
against the right of women to live a dignified life or are unconstitutional.

7. CONCLUSION:
● To cater to the needs of changing circumstances along with Muslim personal laws certain
legislations are brought by the Government of India such as the Muslim Dissolution of
Marriage Act, 1939, the Muslim Women (Protection of Rights on Marriage) Act, 2019
etc., to govern Muslim marriage and divorce.
● However, apart from these legislations and personal laws, there is a need for the Uniform
Civil Code for creating single informed laws governing all the citizens of the nation to
strengthen national unity and integrity.

8. THANKYOU
-Ashika Beegam S
4th Sem
BBA-A
17