Beruflich Dokumente
Kultur Dokumente
OF FAMILY LAW
TRIPLE TALAQ
SUBMITTED BY:-
NAME- Anurag Trivedi
CLASS- BBA-LLB
ROLL NO. B-29
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INTRODUCTION:-
Triple talaq is something in which a man says in one
sitting, I divorce you three times (or I divorce you,
three times, you are triple divorced).It is a unique
aspect of Muslim law that husband has the unilateral
power of pronouncing divorce on his wife without
assigning any reason, without any cause literally at his
whim, even in a jest, or in a state of intoxication, and
without recourse to the court or any other judicial,
administrative or familial authority, when no one is
present (though Shia law requires two witnesses), and
even in her absence, by just uttering the formula of
talaq.
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VIEW OF ALLAHABAD HIGH
COURT:-
1. Muslim law, as applied in India, has taken a
course contrary to the spirit of what the prophet
or the Holy Quran lay down and the same
misconception vitiates the law dealing with the
wifes right to divorce, Justice Suneet Kumar
said.
2. Personal laws of any community cannot claim
supremacy over the rights granted to the
individuals by the constitution, the high court
said, adding that it would not like to say anything
more as the subject is also being considered by
theSupreme Court.
3. The court made the observations while
dismissing the petition of 23-year-old Hina and
her husband, 30 years older, who divorced his
wife to marry her.
4. The Supreme Court is hearing several petitions
challenging triple talaq, with women alleging
that they are being divorced via Facebook, Skype
and WhatsApp.
5. In October, the government told the Supreme
Court that triple talaq violates the fundamental
rights guaranteed by the constitution and said it
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does not form a part of the essential religious
practices in Islam.
OPINIONS:-
OPINION OF GOVERNMENT: -The
government of India, after discussion, has given
its opinion that triple talaq is not in the interest
of women. Union minister Venkaiah Naidu on
Tuesday said the practice should end as it is
causing harm to women.
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PUBLIC OPINION: - In an appeal, the law
commission asked the public whether the
practice of triple talaq be abolished, and got a
positive response in the favour of Muslim
women. The opinion was same as the opinion of
the government.
COURTS OPINION: - The courts
observation that Personal laws of any
community cannot claim supremacy over the
rights granted to the individuals by the
Constitution is a reiteration of fundamental
social norms which underpin any civilised
society.
VARIOUS RELIGIONS OPINION :-
The All India Muslim Personal Law Board (AIMPLB)
has made solid request to hold 'Triple Talaq'. It has
presented an oath under the watchful eye of the
Supreme Court to this impact. It is a similar board
which was most vocal against the SC judgment in the
Shah Bano case. It is a similar board which had once
solicited Imrana, a Muslim lady from Muzaffarnagar
assaulted by her dad in-law, to live with the attacker. In
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any case, we should likewise remember that AIMPLB is
not the sole mouthpiece of Indian Muslims.
CONCLUSION:-
The time has come for Muslim
women to know that triple talaq is un-quranic and needs
to be fought against. Triple talaq grants men the power
to dissolve a marriage with a single word talaq ,said
three times.It is totally one sided. It should be abolished
as it goes against the spirit of the constitution and lastly,
but importantly, it is unjustified and inhuman. In
medias work, across 15 states in the last ten years, they
regularly have women coming to them with their
grievances about triple talaq. Banning the custom would
free up to 90 million Muslim women in the country
from a potential trapdoor divorce.
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