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Kiran Varma - Indianlawinfo
Triple Talaq
By Kiran Varma -
Indianlawinfo
Kiran Varma - Indianlawinfo
Contents
1. About
2. History
3. Gender justice
4. Media Attention
5. References
Kiran Varma - Indianlawinfo
1. About
Triple Talaq, also known as talaq-e-biddat, instant divorce and talaq-e-
mughallazah (irrevocable divorce),is a form of Islamic divorce which has been
used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of
jurisprudence.
It allows any Muslim man to legally divorce his wife by stating the word talaq (the
Arabic word for "divorce") three times in oral, written, or more recently, electronic
form.
Kiran Varma - Indianlawinfo
2. History
● The practice faced opposition from Muslim women,[28] some of whom filed a
public interest litigation in the Supreme Court against the practice, terming it
"regressive". The petitioners asked for section 2 of the Muslim Personal Law
(Shariat) Application Act, 1937,[A] to be scrapped, describing it as being
against Article 14 of the Constitution (equality before law).
● On 13 May 2017, during the hearings before its final judgment, the Supreme
Court described instant triple talaq as the "worst form of marriage dissolution".
It noted that the custom is banned in the Muslim-majority countries of Saudi
Arabia, Morocco, Afghanistan and Pakistan.
● On 8 December 2016, the Allahabad High Court observed in a ruling that the
practice of instant triple talaq was unconstitutional and violated the rights of
Muslim women.
Kiran Varma - Indianlawinfo
3. Gender Justice
● Islam considers marriage as a contract and it has laid down procedures on
how to annul it. A woman can seek divorce under what is called as "khula",
while the husband can end the marriage by pronouncing talaq thrice, after
which arbitration is required.
● But activists have highlighted the misuse of instant divorce by men as a
reason to ban it. Cases of husbands divorcing their wives through text
messages and over phones have come to light.
● According to the findings of a BMMA study, more than 90 percent of 4,710
Kiran Varma - Indianlawinfo
4. Media Attention
● Critics say divorce and polygamy are not the main issues facing the Muslim
community, the majority of whom are close to the bottom of economic and
educational indicators in the country.
● The AIMPLB has opposed what it calls government interference in the
personal laws of the Muslim community, who form nearly 14 percent of
India's 1.3 billion population.
● The Shariat Application Act was passed 10 years before India gained
independence from the British colonial power in 1947.
Kiran Varma - Indianlawinfo
5. References
All the content and images used in here covers CC 5.0 under free to use policy
and all credits for its creators and sources are given below
Content
https://en.wikipedia.org/wiki/Triple_talaq_in_India
https://www.aljazeera.com/indepth/features/2017/05/tripple-talaq-triple-divorce-170511160557346.html
Images
http://iasinsights.in/wp-content/uploads/2017/12/triple_talaq_006.jpg
https://cdn.dnaindia.com/sites/default/files/styles/full/public/2018/08/11/716487-triple-talaq1.jpg

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Triple talaq

  • 1. Kiran Varma - Indianlawinfo Triple Talaq By Kiran Varma - Indianlawinfo
  • 2. Kiran Varma - Indianlawinfo Contents 1. About 2. History 3. Gender justice 4. Media Attention 5. References
  • 3. Kiran Varma - Indianlawinfo 1. About Triple Talaq, also known as talaq-e-biddat, instant divorce and talaq-e- mughallazah (irrevocable divorce),is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allows any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for "divorce") three times in oral, written, or more recently, electronic form.
  • 4. Kiran Varma - Indianlawinfo 2. History ● The practice faced opposition from Muslim women,[28] some of whom filed a public interest litigation in the Supreme Court against the practice, terming it "regressive". The petitioners asked for section 2 of the Muslim Personal Law (Shariat) Application Act, 1937,[A] to be scrapped, describing it as being against Article 14 of the Constitution (equality before law). ● On 13 May 2017, during the hearings before its final judgment, the Supreme Court described instant triple talaq as the "worst form of marriage dissolution". It noted that the custom is banned in the Muslim-majority countries of Saudi Arabia, Morocco, Afghanistan and Pakistan. ● On 8 December 2016, the Allahabad High Court observed in a ruling that the practice of instant triple talaq was unconstitutional and violated the rights of Muslim women.
  • 5. Kiran Varma - Indianlawinfo 3. Gender Justice ● Islam considers marriage as a contract and it has laid down procedures on how to annul it. A woman can seek divorce under what is called as "khula", while the husband can end the marriage by pronouncing talaq thrice, after which arbitration is required. ● But activists have highlighted the misuse of instant divorce by men as a reason to ban it. Cases of husbands divorcing their wives through text messages and over phones have come to light. ● According to the findings of a BMMA study, more than 90 percent of 4,710
  • 6. Kiran Varma - Indianlawinfo 4. Media Attention ● Critics say divorce and polygamy are not the main issues facing the Muslim community, the majority of whom are close to the bottom of economic and educational indicators in the country. ● The AIMPLB has opposed what it calls government interference in the personal laws of the Muslim community, who form nearly 14 percent of India's 1.3 billion population. ● The Shariat Application Act was passed 10 years before India gained independence from the British colonial power in 1947.
  • 7. Kiran Varma - Indianlawinfo 5. References All the content and images used in here covers CC 5.0 under free to use policy and all credits for its creators and sources are given below Content https://en.wikipedia.org/wiki/Triple_talaq_in_India https://www.aljazeera.com/indepth/features/2017/05/tripple-talaq-triple-divorce-170511160557346.html Images http://iasinsights.in/wp-content/uploads/2017/12/triple_talaq_006.jpg https://cdn.dnaindia.com/sites/default/files/styles/full/public/2018/08/11/716487-triple-talaq1.jpg