Everything about Triple Talaq Muslim Divorce | Editorial Analysis for UPSC, IAS

triple talaq upsc editorial analysis

What is Triple Talaq?

In this article, we will get to know about Triple Talaq which is a term used for Muslim divorce in India. It is also called as Talaq-e-biddat. According to this term, any Muslim man in India can give a legal divorce to his wife by simply saying the word “Talaq” three times either orally, written or by any other conveyable form.

Triple Talaq is written no where in Quran and that is what makes it illegal in most of the Muslim countries. Hence this form of divorce is totally un-Quranic.

This form of a divorce practice is being challenged by the society on grounds of  justice, gender equality, human rights and secularism. In recent times, this issue has become a subject of constant debate between the Government of India and the Supreme court of India.

However, GOI has justified its stand on this issue by connecting it to the Uniform Civil Code which is another ongoing hot topic in India.

Both the Government as well as the Supreme court is determined in bringing suitable legislation or amending existing penal provisions which shall make Triple Talaq an offence.

Consequences of Triple Talaq

1. India is home to world’s third largest Muslim population. It makes the women homeless overnight, no help to them and their children.

2. Muslim women are the victim of this form of divorce. And the Muslim clergy will be of no assistance to her.

3. With no proper law against this form of divorce, even the police is helpless. Because the Muslim personal law (India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption and maintenance) in India which is derived from the 1937 Sharia code has no provision that would give police the right to take any action.

Supreme court’s argument against Triple Talaq (repairing religious beliefs)

1.  Comparing Triple Talaq with the banned Hindu tradition of Sati (where the widow was burned alive with her with her dead husband). If Sati could be banned even if it was part of Hindu religion. Then the moral behind such a decision is to give women the freedom and dignity to live.

2. Triple Talaq happens not because of religion, since nowhere in Quran its written. Therefore the core reason behind such form of practice is patriarchy and gender bias hiding behind the name of religion.

3. Lack of education about Quranic principles give rise to false beliefs which detrimental to society.

4. It is a pure violation of Constitutional rights of a woman citizen. Although article 25 & 26 of the Indian Constitution gives the freedom to practice own religion but there is no provision for oppressing anyone.

 

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