Angry outbursts and threats of a walkout by the Congress in the Lok Sabha on Thursday July 25,2019 preceded the passage of the Muslim Women (Protection of Rights on Marriage) Bill which makes the practice of instant triple talaq illegal with up to three years in jail for the offender.
The Bill was passed with 303 MPs voting in favour and 82 against.
Three Ordinances have so far been promulgated, as a similar bill moved by the previous government could not get Parliament’s nod. A fresh bill was introduced by the government in June during the ongoing Parliament session.
The main objections against the proposed legislation pertained to why divorce, a civil matter, was being turned into a criminal act; what was the reason to bring a law when the Supreme Court had already termed the practice of triple talaq as null and void; and from whom is the wife expected to get her subsistence allowance if the husband is serving a jail term.
Law Minister Ravi Shankar Prasad, who piloted the bill, underlined its significance saying that it is required for ensuring gender equality and justice. He added that despite the August 2017 Supreme Court verdict striking down the practice, women are still being divorced through the practice of talaq-e-biddat.
He said since January 2017, as many as 574 triple cases and more than 300 since the Supreme Court order, were reported by media. The Law Minister said “20 Muslim countries in the world, including Pakistan and Malaysia, have banned the practice. Why can’t a secular country like India do it?” he said.
What is triple talaq then?
Triple talaq is called talaq-ul sunnat under Islamic law. It has the sanction of Islam and is more accepted non-statutory form of divorce among Muslims.
A valid divorce through triple talaq follows an elaborate process of separation of man and wife under Islam. The word 'talaq' is uttered three times but not in one sitting. If a man willing to divorce his wife spells talaq once, he cannot spell it again to his wife until the next lunar cycle starts.
The woman has, meanwhile, to prepare herself for the three-month 'iddat' period - technically three menstrual cycles or roughly three months.
During this period of iddat, the man has the right to change his mind or reconciliate with his wife. At the expiry of the period of iddat the man pronounces the word talaq third time and divorce is complete.
Divorce is considered complete even if the man does not spell the word 'talaq' for the third time provided he does not revoke talaq after iddat expressly or by consummation. Now duly pronounced triple talaq is final and irrevocable.
Women too can divorce their husbands.
Another difference between instant triple talaq and triple talaq lies in the right available to women. As per the illegal practice of instant triple talaq, a Muslim woman does not have the right to divorce her husband.
But as per valid laws of divorce under Islam, a woman has the option of asking for khula.
A woman is allowed to ask for 'khula' if she feels that the marriage has broken beyond redemption. Using this option, she can divorce her husband by returning the mehr (dower) that she received from her husband.
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