HOME ASSIGNMENT

OF FAMILY LAW
TRIPLE TALAQ

SUBMITTED BY:-
NAME- Anurag Trivedi
CLASS- BBA-LLB
ROLL NO. B-29

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INTRODUCTION:-
Triple talaq is something in which a man says in one
sitting, I divorce you three times (or I divorce you,
three times, you are triple divorced).It is a unique
aspect of Muslim law that husband has the unilateral
power of pronouncing divorce on his wife without
assigning any reason, without any cause literally at his
whim, even in a jest, or in a state of intoxication, and
without recourse to the court or any other judicial,
administrative or familial authority, when no one is
present (though Shia law requires two witnesses), and
even in her absence, by just uttering the formula of
talaq.

HOW TRIPLE TALAQ VIOLATES

FUNDAMENTAL RIGHTS:-
On 8 December, the Allahabad High Court utilized solid
words against the act of triple talaq, portraying it as
"illegal" and an infringement of the privileges of
Muslim ladies, however such solid words don't mean
anything essentially and unquestionably don't settle the
issue in law. More on that later, yet first the court's
perception ought to be invited in light of the fact that it
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is huge seeing that it fortifies ladies' rights development
in the nation; sends a solid cautioning to Islamic priests
that time for them to change is currently; means a star
freedom move in the higher legal's reasoning, and offers
a brilliant beam of would like to Muslim ladies who are
rendered down and out overnight by triple talaq.

The Allahabad court said that it might "not want to state

anything further for the reason that the Supreme Court
is seized with the matter." Only a judgment of the
Supreme Court, along these lines, can settle the issue in
law that triple talaq is unlawful. Notwithstanding, there
are down to earth issues. At present the Muslim
individual laws go under two key enactments: The
Muslim Personal Law (Shariat) Application Act, 1937;
and the Dissolution of Muslim Marriages Act, 1939.
Under the 1937 law, Muslims can contract marriage and
separation according to their religious practices.

The 1939 law was gotten to enable the Muslim lady to

"look for" not give separate. Under this Sharia-good
law, a Muslim lady can go to court or to Islamic
ministers to look for a disintegration of her marriage.
Both the 1937 and 1939 laws are according to the
Islamic Sharia and lawfully legitimate in India, which is
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in numerous different ways too a Sharia-consistent
state. The arrangements under these two laws are
according to the Hanafi school of Sunni Islam honed in
India. Unless the Supreme Court decides that these laws
damage the Fundamental Right to Equality accessible
under Article 14, unimportant perceptions that triple
talaq is illegal will amount to nothing.

Then again, the Indian government can get another law

that is good with the 21st century freedoms and
qualities including ladies' rights, and replaces these two
laws. This should likewise be possible as a major aspect
of a Uniform Civil Code (UCC), a first-historically
speaking draft of which was proposed and discharged
by this essayist a week ago. A third reasonable method
for dissolving a Muslim marriage, however not broadly
known, is for either the spouse or wife to change over to
some other religion, in this way rendering the marriage
broke up. Notwithstanding, as things stand now, a
Muslim spouse can't go to court to look for separation,
and in this manner any Supreme Court arrange
announcing that triple talaq is unlawful ought to
likewise clear up under what law a Muslim husband can
approach court for separation.

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VIEW OF ALLAHABAD HIGH
COURT:-
1. Muslim law, as applied in India, has taken a
course contrary to the spirit of what the prophet
or the Holy Quran lay down and the same
misconception vitiates the law dealing with the
wifes right to divorce, Justice Suneet Kumar
said.
2. Personal laws of any community cannot claim
supremacy over the rights granted to the
individuals by the constitution, the high court
said, adding that it would not like to say anything
more as the subject is also being considered by
theSupreme Court.
3. The court made the observations while
dismissing the petition of 23-year-old Hina and
her husband, 30 years older, who divorced his
wife to marry her.
4. The Supreme Court is hearing several petitions
challenging triple talaq, with women alleging
that they are being divorced via Facebook, Skype
and WhatsApp.
5. In October, the government told the Supreme
Court that triple talaq violates the fundamental
rights guaranteed by the constitution and said it

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 does not form a part of the essential religious
practices in Islam.

BENEFITS OF TRIPLE TALAQ

FOR MUSLIM WOMEN:-
Triple talaq has no benefits for Muslim women as such
as it negates both equality and dignity of Muslim
women. But All India Muslim Personal Law Board
(AIMPLB) has a different opinion towards it. It stands
in favour of the triple talaq system providing reasons
for the same. The reasons are as follows:-
Triple talaq provides security to wife: - The
affidavit says, Granting husband the right to divorce
indirectly provides security to wife. Explaining the
reasons for this, it says, Marriage is a contract in
which both the parties are not physically equal as
female is weaker than male and depends on male for
her protection. If there develops serious discord
between the couple and husband doesnt at all want to
live with her, time consuming separation proceedings
may result in criminal ways of murder.
Women get killed when men dont have easy
divorce: - A husband who doesnt fear god may do
anything against his wife whom he hates. For only he
is with her in the darkness of night.
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 Obtaining divorce from courts scandalises
womens character, for men the damage is little: -
Securing separation through court entails that the
weaknesses of the opposite party be brought into
public domain. Some moral failings are considered
more scandalous for women in our society.
Obtaining divorce from courts deters re-
marriage prospects of men, women: - Further, it
is not unknown that securing separation through
courts takes a long time; this further deters the re-
marriage prospects of the parties. It may result in
criminal ways of getting rid of her by murdering her.
Triple talaq is sin, but valid and effective form of
divorce: - It is submitted that though pronouncement
of Triple talaq is considered to be a sin it is still a valid
and effective form of divorce.

OPINIONS:-
OPINION OF GOVERNMENT: -The
government of India, after discussion, has given
its opinion that triple talaq is not in the interest
of women. Union minister Venkaiah Naidu on
Tuesday said the practice should end as it is
causing harm to women.

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 PUBLIC OPINION: - In an appeal, the law
commission asked the public whether the
practice of triple talaq be abolished, and got a
positive response in the favour of Muslim
women. The opinion was same as the opinion of
the government.
COURTS OPINION: - The courts
observation that Personal laws of any
community cannot claim supremacy over the
rights granted to the individuals by the
Constitution is a reiteration of fundamental
social norms which underpin any civilised
society.
VARIOUS RELIGIONS OPINION :-
The All India Muslim Personal Law Board (AIMPLB)
has made solid request to hold 'Triple Talaq'. It has
presented an oath under the watchful eye of the
Supreme Court to this impact. It is a similar board
which was most vocal against the SC judgment in the
Shah Bano case. It is a similar board which had once
solicited Imrana, a Muslim lady from Muzaffarnagar
assaulted by her dad in-law, to live with the attacker. In

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any case, we should likewise remember that AIMPLB is
not the sole mouthpiece of Indian Muslims.

CONCLUSION:-
The time has come for Muslim
women to know that triple talaq is un-quranic and needs
to be fought against. Triple talaq grants men the power
to dissolve a marriage with a single word talaq ,said
three times.It is totally one sided. It should be abolished
as it goes against the spirit of the constitution and lastly,
but importantly, it is unjustified and inhuman. In
medias work, across 15 states in the last ten years, they
regularly have women coming to them with their
grievances about triple talaq. Banning the custom would
free up to 90 million Muslim women in the country
from a potential trapdoor divorce.

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