Triple Talaq Bill Passed in Lok Sabha: Know the Main Facts and the Controversies
The triple talaq bill was passed on December 28, 2017, in the Lok Sabha. The bill makes the act of triple talaq a crime and makes it a non-bailable offense with punishment of 3 years and fine for the husband. Here are some facts related to the act itself and the buzz that is surrounding it.
What is triple Talaq Bill? Main Facts
Triple talaq, also known as instant divorce or more commonly as talaq-e-biddat or talaq-e-mughallazah in the Muslim world, is a common practice among Muslims where a husband can divorce his wife by just uttering or writing the word Talaq 3 times. In recent times, the practice has spread to social media platforms like Facebook, Whatsapp and other messenger tools. The wife has no say in the matter and the only option left for her is to accept the divorce quietly.
The practice is some 1400 years old in Sunni Muslims. However, the practice is not mentioned in Sharia laws or Quran. In fact, many Muslim scholars have severely criticised the practice. Around 22 Muslim countries have banned the practice, including Bangladesh and Pakistan.
The husband is not even required to state any reasons for calling off the marriage and in fact the wife’s presence is also not required at the time he decides to verbalise the word three times.
The wife is allowed the custody of kids until she remarries and after that, the guardianship automatically gets transferred to the husband.
Lastly, the law is far from preaching equality. If the wife wants to end the marriage but does not have her husband’s approval, she would have to seek the proceedings under Dissolution of the Muslim Marriages Act. She does not have the right to use Triple Talaq.
What is the Controversy?
The practice drew a lot of flak from Muslim women around the country over the years. The practice gave men the right to dissolve their marriages, which had been appearing rather impulsive for the most part, leaving the option of councilling totally out of the question. Some men even get rid of their wives for petty reasons. For instance, a woman got triple talaq just for waking up late. Many women did not even know for days that they have been divorced.
All India Muslim Women Personal Law Board has raised voice against the horrendous practice with claims like it is unacceptable since it is against the Quran and the constitution. Other Muslim women bodies too have been opposing the bill, citing it does not give any chance to save the marriage.
Many women have protested the act by carrying out rallies and filing cases at judiciary platforms time and again.
How Beneficial Would it be for Muslim women?
Many women and their families give lakhs of dowry for marriage and their future becomes uncertain as their husbands at any moment can divorce them by uttering the the three words. As a result, they end up stranded in the middle of their life without much financial support. On the top of that, they cannot even demand back their own dowry money, forget asking for provisional support.
With the banning of the practice, they would be bound to get divorced under a proper legal frame, which strengthens their right to get alimony and maintenance support.
In addition, after the divorce, whether they marry again or not, they can fight for the custody of kids and do not have to pass the guardianship unchallenged.
And lastly, women no longer have to worry about their world being yanked off right beneath their feet, when their husbands decide to say Talaq thrice, a process which does not even require her presence.
The triple talaq bill empowers their status and integrity in society and massively secures their future.
The bill was welcomed and celebrated by Muslim women with zeal and passion all over the country. Some even called the occasion more joyous than Eid!