“TALAQ TALAQ TALAQ” WHAT DOES THIS ACTUALLY MEAN?
Today’s world has more of pranksters rather than serious human beings. Imagine a Muslim prankster who one day decided to prank on his wife spelling talaq three times while chatting over WhatsApp. Later then he realizes that his humourous intentions on the cyberspace had nullified or destroyed his marriage in reality. Yeah! You heard it right. This is rather the situation in case of Muslim community. Maybe a superstition stated as “Triple Talaq”.
Triple talaq is considered as a practice of Muslims community for instant divorce in India. This practice is widespread among Muslims who follow the Hanafi Islamic school of law. It is a practice under which a Muslim man can divorce his wife simply by uttering “talaq” three times. This mode of divorce is not universal and its only among Muslim communities across the world.
TRIPLE TALAQ – A VIOLATION OF HUMAN RIGHTS?
India can be considered as a home for over excited people and thus stands in one of the most populated countries in the world. Haha! seriously speaking India is a home to the world’s third-largest Muslim population which is governed by the Sharia or Islamic jurisprudence and this has been the case since British colonial rule. But till today, India’s 90 million Muslim women face the threat of a sudden, oral, and out-of-court divorce. In many cases, women are not in a position to become the worker and take responsibility for their kids.
Not only that, oral divorce is the easiest and most common way of taking a divorce among Muslims. Out of all divorced women, 65.9 percent were divorced orally. The number of impoverished Muslim women has risen as a result of a rise in oral divorces in recent times. Many Muslim women are uneducated and cannot provide for themselves, thus, triple talaq only serves to magnify their hardships. The husbands can use it to their advantage and divorce their wives over petty arguments or simply because they are seeing other women. Frivolous reasons such as poor culinary skills have been known to be a cause of divorce. Living as a divorced woman in a highly patriarchal and judgmental society like India is very almost impossible.
Today’s generation is very much different. First people used to try to maintain relationships. As far as today is concerned, we see lots of kids handling 3-4 girlfriends at a time. Breakups are now a common part of relationships. I guess this would be the only reason looking at which Indian government put a ban on the “Triple Talaq”.
Various Muslim campaign groups who believe that these practices are discriminatory in nature support the move. There is an argument to the effect that triple talaq violates Part III of the Indian Constitution enlisting fundamental rights, in particular, discrimination and equality before the law.
The move was met with a strong opposition by the All India Muslim Personal Law Board. The Board argues that triple talaq is a matter of culture and Islamic beliefs. They see the petition as an attempt to interfere with Islam by the Hindu Nationalist BJP government in India. The opposition is religious and also argues that fundamental rights do not apply to the personal law of Muslims in India. While it is important to respect the rights of religious and cultural minorities in a diverse and secular country like India, it is also critical to ensure that such practices do not abuse basic human rights. The prevailing practice installs fear and anxiety in the minds of countless Muslim women who experience even slight difficulties in their marriages. Arguments are common to all marriages and many experiences a rough patch. However, divorce on the whims and a fancy of men are a disgraceful practice and doesn’t value Muslim women as equals in the society.
In the Muslim community, they consider marriage as a contract and whenever they think about to separate they choose to give the triple talaq. For seeking the divorce women pronounce the word “Khula” and the husbands can precede it by pronouncing talaq three times to end up the relation of marriage and then compromise if required.
But this practice is being misused by most of the people because of which it has become necessary to put a ban on it. The Muslim community uses the text messages and emails for divorcing their wives. We have less data collection about the divorces which have been done by phones or text messages.
As per the survey, it says that 91% of women wanted to ban triple talaq or instant divorce when they were interviewed.
Should there be a ban on Triple Divorce?
Whether the triple talaq is a fundamental practice of the Muslim religion but in Indian constitution provide the grant to every fundamental right as written on Article 25 of the constitution. No matter the religion it’s about the humanity and culture. We cannot promote the practices those are not good for the human and their rights. As Supreme Court has been already marked the triple talaq as no constitutional right from the lots of cases of the divorce in February of 2015.
This triple talaq leads to the politics and violation for human and their rights. As article 14 is belongs to the equality and protection of the law then it means that everyone should be treated equally but there are some religious laws those make the issues of violation and also violates the principles of the law. Triple talaq is a practice in which the only man can cancel his marriage but there is no right for the women. This is against the constitutional law for equality so that instant divorce should be banned because this is a partial law of Muslim community.
Triple talaq in the Muslim community is an issue for all communities because it’s all about the fundamental rights of the women society. The wives have no right in their favour of her marriage.
Marriage is a decision of the couples then why the only husband has the right to separate it. This effect all the participating communities and society and also the violation of the constitutional rights.
As the rule and law of other community say about the written divorce that also implemented for the Muslims. This leads to the violation in humans in the same country. This is a bad proof of the violations of the Indian constitutional law which is all about the equal law and equal protection. Everyone has the right to go in court for legal right and asking for the judgment.
In the end, it’s just that such silly rules should not be practiced in India. Our country offers us the right to equality which means everyone should be treated equally. Moreover, there is no one Muslim, Sikh, Hindu over here. We are all Indians and every individual should be treated equally. Practicing such foolish laws is just a violation of human rights and a black spot on our national integrity.