Divorce is taken by various ways in Islam, like “Talaq’ and “Khul”, its change according to place and time.In past time “Shari’ah ‘ was used for Divorce.Shari’ah is traditional Islamic rulebook which differs in different Islamic Institution.
Traditional Islamic rule is to construct on the basis of “Kuran ” & “Haldia”.
WHAT IS THE MEANING OF TRIPLE TALAQ ;
Triple talaq is the way of divorce in which a Muslim man divorce with his wife by only saying talaq in three times.After this, if Muslim couple wants again to live together then they have to pay “Halal”. Halal is a rule in which divorced women have to marry with other men for few days and take divorce from that men after few days then she will able to marry her first husband.
The various Muslim scholar from world declared that triple talaq against Islamic rule.According to them, there is not any description in Quran about this way of triple talaq.They said that husband and wife spend 6 months together after applying for divorce, after 6 months if they still want to divorce then they are able to end their marriage.
PROBLEMS CREATED BY TRIPLE TALAQ ;
In present days triple talaq taken by use of the smartphone, WhatsApp, text etc and this type of incident increases gradually.Husband doesn’t care about females feelings and they marry with other women because most of the Muslim men are independent and divorce females become economically and mentally weaker because most of the Muslim women are dependent on men either father or husband.
Ans if she has the child then is problem become a disaster for women’s.
INDIAN JUDICIARY DECISION ;
Triple talaq is declared unconstitutional by Allahabad Court, the Supreme court of India create a five judges committee for this triple talaq case.
SUPREME COURT DECISION ON TRIPLE TALAQ ;
The committee of five judges including chief justice J.S Khelker, justice Kurian Joseph, justice R.F Nariman, justice U.U Lalit and justice Abdul Nazir, declared triple talaq is illegal in August 2017.In five judges committee, 3 judges are favored on this decision and 2 judges are against this after this majority the final decision announced that triple talaq is against the fundamental right of Muslim women and now its become illegal.
The government is hopeful that the bill will be passed in the winter session itself, though it expects some rough weather during its passage. However, since this is not a constitutional bill, it will require the backing of a simple majority.
After the Cabinet meeting, Union minister for law Ravi Shankar Prasad said, “The bill is designed to provide a human shield for Muslim women.” However, Prasad refused to share details saying that he would not like to elaborate on the details as Parliament is in session. “As of now, the draft law is prospective in nature. But if Parliament feels, it can be implemented retrospectively once it is passed and gets the President’s nod,” Prasad said.
This is the very big win and relief for Muslim women and NGO’s who are working hard for this for a long time.Whole country including P.M. Modi accepted the decision of a supreme court.
REPORT: RAVI RAUSHAN