The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was
introduced in the Lok Sabha on Thursday Dec 28,2017 and will be taken up for consideration and
passing.
This Bill, which makes instant triple talaq or talaq-e-biddat a punishable offence, follows the Supreme Court judgment on August 22, 2017 in the case of Shayara Bano vs. Union of India.
In a majority 3:2 judgment the Supreme Court of India(SCI) set aside instant talaq as a "manifestly arbitrary" practice.
It also said, "Given the fact that Triple Talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place."
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 makes the pronouncement of talaq-e-biddat "void and illegal." According to clause 3 of the Bill, "Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal."
A man who pronounces talaq on his wife will be punished with a jail term and a fine. This Bill also makes the pronouncement of talaq-e-biddat a non-bailable offence.
Clause 4 of the Bill states, "Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine."
Clause 7 says, "an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the Code." (The Code of Criminal Procedure, 1973)
The woman upon whom talaq is pronounced will have to receive an allowance from her husband, and she retains custody of her children.
Clauses 5 and 6 of the Bill say, " a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children," and "shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband."
The Muslim Women (Protection of Rights of Marriage) Bill, 2017 provides for:
— Under proposed bill, a Muslim man who resorts to Talaq-e-Biddat or instant talaq would be jailed for three years
— The custody of any minor children from the marriage would be granted to the affected woman
— The makes instant divorce a non-bailable offence which can lead to an imprisonment of up to three years upon conviction.
— It also makes it mandatory for the husband to pay maintenance to his wife and child support towards any children.
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
This Bill, which makes instant triple talaq or talaq-e-biddat a punishable offence, follows the Supreme Court judgment on August 22, 2017 in the case of Shayara Bano vs. Union of India.
In a majority 3:2 judgment the Supreme Court of India(SCI) set aside instant talaq as a "manifestly arbitrary" practice.
It also said, "Given the fact that Triple Talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place."
The Muslim Women (Protection of Rights on Marriage) Bill, 2017 makes the pronouncement of talaq-e-biddat "void and illegal." According to clause 3 of the Bill, "Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal."
A man who pronounces talaq on his wife will be punished with a jail term and a fine. This Bill also makes the pronouncement of talaq-e-biddat a non-bailable offence.
Clause 4 of the Bill states, "Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine."
Clause 7 says, "an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the Code." (The Code of Criminal Procedure, 1973)
The woman upon whom talaq is pronounced will have to receive an allowance from her husband, and she retains custody of her children.
Clauses 5 and 6 of the Bill say, " a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children," and "shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband."
The Muslim Women (Protection of Rights of Marriage) Bill, 2017 provides for:
— Under proposed bill, a Muslim man who resorts to Talaq-e-Biddat or instant talaq would be jailed for three years
— The custody of any minor children from the marriage would be granted to the affected woman
— It also makes it mandatory for the husband to pay maintenance to his wife and child support towards any children.
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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