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Thursday, December 28, 2017

2017-18 Winter Session Of Parliament Dec 15,2017 - Jan 05,2018 - Lok Sabha Passes Muslim Women (Protection of Rights on Marriage) Bill Thursday Dec 28,2017


Moving closer to making instant triple talaq a criminal offence, the Lok Sabha on Thursday Dec 28,2017 passed the Muslim Women (Protection of Rights on Marriage) Bill.

All amendments to the bill were defeated.

The bill would only be applicable on instant triple talaq or 'talaq-e-biddat'. It gives power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. A victim can also seek the custody of her minor children from the magistrate.


Under the law, instant triple talaq in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- would be illegal and void.

The Congress said it supported the bill but wanted it to be scrutinised by the Standing Committee of Parliament, a demand that was rejected by the chair.

The RJD and Samajwadi Party also backed the demand of referring the bill to the Standing Committee.

Asaduddin Owaisi of the AIMIM alleged that through the bill the government was trying to bring in a Uniform Civil Code. Owaisi said Parliament lacks the legislative competence to pass the law as it violated fundamental rights.

Owaisi said through the law the government was trying to demonise Muslim men and claimed "vested interests" were behind the legislation.

The bill will now be sent to the Rajya Sabha on Tuesday Jan 02,2018 for passage before it is forwarded to the President for signing it into law.

Note

The Supreme Court of India (SCI)on August 22,2017 declared the practice of instant triple talaq unconstitutional in a 3-2 majority verdict.


Justices Kurian Joseph, Rohinton F. Nariman and U.U. Lalit ruled for scrapping the practice; the minority judgement by then chief justice J.S. Khehar and justice S. Abdul Nazeer upheld the validity of the practice and wanted Parliament to bring in legislation governing Muslim marriages and divorce within six months.

Soon after the SCI’s ruling, the government set up a ministerial panel to frame the legislation.

Islamic law recognises two kinds of talaqs –  

Talaq al-sunna (which works according to the dictates of the Prophet) and Talaq al-bidat (which was an innovation, born out of inconvenience of the strict dictates of the Prophet).

 The latter was divided into two forms – one was the declaration of ‘talaq’ three times (that is, triple talaq) and the other was divorce done through writing.

Countries That Have Banned Triple Talaq 

1)Pakistan
2)Bangladesh
3)Turkey
4)Cyprus
5)Egypt
6)Sri Lanka
7)Tunisia
8)Algeria
9)Iran
10)Jordan
11)Indonesia
12)Sudan
13)Morocco
14)Iraq
15)Brunei

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