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talaq-e-biddat 

talaq-e-biddat 

talaq-e-biddat 
December 27
13:14 2017

by Melissa

Gooogle News Team

 

A bill on Triple Talaq was cleared by the Union Cabinet on Friday, 15th December, 2017 ahead of it being taken up in the Winter Session of Parliament. The Bill says that any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal. Whoever pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.

The reason behind the present BJP government in Centre to introduce THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017 is to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them.

The present bill will protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

The summary of the Bill:

The definition : “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband;

To be void and illegal : Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

Punishment : Whoever pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.

Triple talaq is a form of divorce that was practiced in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting.  Coincidentally or otherwise, under Islamic law, a Muslim man is allowed to keep four wives.

In a majority judgement of 3:2, The Hon’ble Supreme Court of India on 22nd August, 2017, set aside the practice of talaq-e-biddat practiced by certain Muslim husbands to divorce their wives. This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce by some Muslim men, leaving no room for reconciliation.

The contention of the All India Muslim Personal Law Board (AIMPLB), to the Supreme Court decision is that religious practices such as talaq-e-biddat, was not for the judiciary to decide, but whereas, the said practice is discriminatory and against dignity of women, inter alia they had submitted in the Supreme Court that they would issue advisories to the members of the community against this practice.

In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It seems that as Muslim women in India cross the age of 25, they are more likely to be divorced by their husbands. The number of divorced Muslim women in 2011 increased to almost half a million. There also seems to be a disproportionately larger number of young divorced Muslim women in India. Census figures show that the number of divorced Muslim women between the ages of 10 to 25 was just about 70,000. Of course,

In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them.

It is observed, during the recent times, the said pronouncement is being done by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement.

Some groups are agitating that proper home work is not being done by the government before introducing the said bill in the parliament and the manner in which the consultations are carried out is not accepted.

The bill will prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children.

The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.

Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is just a 1,400 year-old practice among Sunni Muslims.  It is also largely disapproved by Muslim legal scholars. The practice of instant divorce is banned in 22 Muslim-majority Countries including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence.

The Bill is outcome of the inner voice (athma-gosha) of the Muslim women of this Country. Here, if at all any injustice is being done; it is done to Muslim women and reflects on Muslim women only. As such I would rather say – that only the Muslim women have the right to say and no one else.

It is my opinion that the BJP Governments decision in pushing the Bill is very much necessary to protect the rights of Muslim women of this country. With introduction of this Bill, the right of Muslim women will be converted into an Act.

 

 

 

 

 

 

 

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