Evolution of Triple Talaq Concept in Muslim Law

EVOLUTION OF TRIPLE TALAQ CONCEPT IN MUSLIM LAW
In Islam divorce is considered as an exception to the status marriage. According to prophet

divorce is the worst law which the Muslim law is permitted. The dissolution of the marriage can
be by the act of both the husband and the wife. Triple-e-talaq or triple talaq is the form of divorce
that practiced in Islam law. A Muslim man could divorce his wife by pronouncing talaq three
times without any reason. And the wife need not be present at the time of pronouncement of
talaq1. This actually means liberty from the relationship of marriage eventually or immediately
where the man by simply uttering talaq, in three times. This is also called as instant divorce, and
this instance divorce is legalized by the Shariat Act which is also called as the Muslim Personal
Law Application Act.
This was originated in the second century of Islamic era. Triple Talaq is enforced by second
caliph Umar. It is practiced among Sunni Muslims for 1400 years. Muslim family matters come
under Shariat Act, which is one of the first acts to be passed after the Government of India Act
1935.
In case Yousuf Rawther v. Sowramma, the judge V.R Krishna Iyer held that, it is popular fallacy
that Muslim male enjoys, under the Quranic law, unbridled authority liquidates the marriage. The
holy Quran expressly forbids a man to seek pretexts for divorcing his wife, so longs as she
remains faithful and obedient to him. Divorce was permissible in Islam only case of extreme
cases and where reconciliation has failed.
MODES OF TALAQ:
There are two different modes in Triple Talaq they are:
 Talaq-ul-sunnat
 Talaq-ul-Biddat
TALAQ-Ul-SUNNAT: Muhammed (the prophet’s) way of life viewed as model for Muslims.
This form is divided into 2 they are Talaq-ul-Ahsan and Talaq-ul-Hasan.
Talaq -Ahsan:
1
Ummer Farooque V. Naseema 2005(4) KLT 565
The Arabic word Ahsan means best or very proper. As the meaning says this method is
considered as the best mode of talaq. In this talaq the husband makes single pronouncement
during thur2. After the pronouncement the iddat period starts and, in this period, there should not
be any sexual intercourse. The talaq will be irrevocable after the expiry of iddat period.
Talaq- Hasan:
The word Hasan means good. So, this mode of talaq is considered as the good mode of talaq. In
Talaq Hasan, the husband pronounces talaq three times, each in one thur. In a thur he pronounces
a single talaq. when he pronounces the third talaq, it will become complete and irrevocable. The
iddat period begins from the date of first pronouncement. Thereafter, there shouldn’t be any
sexual intercourse. The talaq can be revoked at any time before the third pronouncement by
resuming sexual intercourse.
This mode is also called as Talaq-i-badai. Talaq-ul-biddat is considered as the disapproved mode
of talaq.in this mode of talaq, three pronouncements are made during a single thur. A talaq in this
mode become irrevocable with immediate effect. The wife has to undergo iddat3.
REMARRIAGE OF THE DIVORCED COUPLES:
These are the conditions to be followed in case of remarriage of the divorced couples:
 The wife should observe iddat. And after observing she should marry another man
lawfully.
 The marriage should be actually consummated.
TRIPLE TALAQ IN INDIA
Talaq is a divorce by husband at his will without the intervention of a court. Under the Muslim
law, a Mohammedan of sound mind can divorce his wife by talaq whenever he wants 4. Under
Sunni law, talaq may be affected orally or by written documents. And under Shia law talaq must
be pronounced orally in the presence of two competent witnesses. The talaq which is in a written
2
Period of purity or the time between two consecutive menstrual courses
3
If marriage is dissolved under the death of the husband, wife has to be observed iddat for the duaration of four
months and ten days.
4
Shamim Ara v. state of U.P & Anr on October 1st 2002
document can’t be valid, but if the husband is physically incapable in pronouncing the talaq then
the written talaq can be valid.
In India on 22 August 2017 the Supreme Court declared triple talaq as unconstitutional 5.
Through the case of Shayara Bano, a Muslim woman battles against the triple talaq. This case is
also known as triple talaq case. This case gave India a historical judgement which declared the
practice of triple talaq to be unconstitutional. The triple talaq judgement is widely regarded
throughout the jurisdictions as a safeguard against social evils.
In this case Rizwan Ahmed was Shayara Bano husband foe 15 years. Her spouse divorced her
2016 via triple talaq. Ms. Bano maintained that three practices-triple talaq, polygamy, and nikkah
halala6were illegal, citing the constitution’s Artic le 14,15,21, and 25. When the case reached the
supreme court of India, the court invoked the section 125 of IPC, which applies to everyone
regardless of caste, creed, or religion. It ruled that Shah Bano be given maintenance money,
similar to alimony.
Justice Kurian Joseph, RF Nariman and UU Lalit gave the judgement to hold the talaq-e-biddat
or triple talaq as unconstitutional.
CONCLUSIONS
Talaq is a divorce by husband at his will without the intervention of court. Under Muslim law, a
mohammedan of sound mind and has attained puberty may divorce his wife by talaq whenever
he desires with assigning any cause. The triple was only practiced in India. so it wasn’t a custom
to be followed. After the historic judgement 7 and meetings made the government under pressure
to pass the Muslim Women (protection of rights on marriage Act,2019. This act stated that the
instant divorce or the triple talaq as void or illegal. And also this act ensures imprisonment for 3
years and fine. The act was passed by the Rajeev Gandhi government. In Shayara Bano case the
judgment came like, the judiciary should come in support of exploited class of the people as
women.
5
Shayara Bano v. Union of India AIR 2017 9 SCC (SC)
6
The practice of compelling women to marry and divorce another man so that their prior husband might remarry her
after triple talaq.
7
Shayara Bano v. union of India AIR 2017 9 SCC (SC)

Evolution of Triple Talaq Concept in Muslim Law

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EVOLUTION OF TRIPLE TALAQ CONCEPT IN MUSLIM LAW

In Islam divorce is considered as an exception to the status marriage. According to prophet

There are two different modes in Triple Talaq they are:

REMARRIAGE OF THE DIVORCED COUPLES:

TRIPLE TALAQ IN INDIA

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