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triple talaq:: wiki, intro, law on triple talaq

Triple Talaq : wiki, intro, law on triple talaq,  opininon and future and impact on indian society                                             

Triple talaq is one of the social evil , has been practicing since a long time in our country. There are many countries that have abolished this social evils from their society many years ago but our country is still facing the issue after getting independence. To understand it's pros and cons , primarily we should understand it's introduction and possibly impact on our Indian sociey , especially in Islamic world.

What is triple talaq?

Triple talaq is a term taken from the holy Qurran named term "talq-e-biddat". This term is negativly spread in India after many dramatic cases came into existence. These cases came under the social domestic violence. Basically , triple talaq also know as talaq-e-biddat ,instant divorce and talaq-e-mughallazh (irrevocable divorce) is a form of Islamic divorce practised by indain Muslims. It allows any Muslim to divorce his wife by stating talaq word three times in oral, written and through any electronic media.The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional. The remaining two declared the practice to be constitutional while simultaneously asking the government to ban the practice by enacting a law.

Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is also largely disapproved by Muslim legal scholars. Several Islamic countries, including Pakistan and Bangladesh, have banned it, although it is technically legal in Sunni Islamic jurisprudence. Triple talaq, in Islamic law, is based upon the belief that the husband has the right to reject or dismiss his wife with good grounds. If the wife wants to end her marriage and her husband does not agree to give a talaq, she has to comply with proceedings under the Dissolution of the Muslim Marriages Act. As far as Sharia is concerned she needs to obtain a release from the marriage bond by the husband agreeing to such, by granting a Khula, or if he refuses to seek the dissolution of the marriage (faskh) by order of a sharia court judge .

Triple talaq has been supported by the All India Muslim Personal Law Board (AIMPLB), a non-governmental body that supervises the application of Muslim personal law. It propagates that the state does not have the right to intervene in religious matters. The AIMPLB’s lawyer Mr Kapil Sibal had said that though instant talaq can be thought of as a sin by some, but that "setting the validity of customs and practices of a community is a slippery slope".  Kapil Sibal cited Article 371A to state that even the Constitution does intend to protect matters of practice, tradition and customs of communities.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017::

There are many cases registered against domestic violence and human rights by Muslim wives against their hunsbands.finally, The BJP Government formulated the bill after 100 cases of instant triple talaq in the country since the Supreme Court judgement in August 2017 On 28 December 2017, Lok Sabha passed the The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill make instant triple talaq (talaq-e-biddah) in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp illegal and void, with up to three years in jail for the husband. MPs from RJD, AIMIM, BJD, AIADMK and AIML opposed the Bill, calling it arbitrary in nature and a faulty proposal, while Congress supported the Bill tabled in Lok Sabha by law minister Ravi Shankar Prasad. 19 amendments were moved in Lok Sabha but all were rejected. 

All eyes are on this case ... About rajya Sabha  response on this bill...let's hope for betterment of Indian Muslim and harmony for our country.