TRIPLE TALAQ
-AACHAL BURANDE
‘Triple Talaq’ or ‘Oral talaq’ is
a procedure of divorce mentioned under the Sharia Law which is a body of the
Islamic law. Under this, a husband can divorce his wife by pronouncing ‘Talaq’
thrice.
The constitution allows Muslims,
the biggest religious minority group in the country, to regulate matters such
as marriage, divorce and inheritance through their own civil code.
The Supreme Court has been
examining how much it can interfere in Muslim laws governing family-related
issues as it hears a plea to end the practice which permits Muslim men to
divorce their wives by saying talaq three times. It says “even theocratic
states have undergone reforms in this area of law” which reinforces that these
practices cannot be considered an integral part of practice of Centre is
opposed to the Muslim practice of triple talaq. It has also described this
practice as “misplaced in a secular country.” The centre says “gender equality
and the dignity of women are not negotiable” The Central government as a part of its
written submissions to the Supreme Court has stated that since gender
equality is part of the basic structure of the Constitution, Muslim women
cannot be denied this right. It says “even theocratic states have undergone
reforms in this area of law” which reinforces that these practices cannot be
considered an integral part of practice of Islam.
Women’s rights activists have
long called for reform of the Muslim personal law which they say discriminates
against women.What they want instead is a well-defined law that criminalises
polygamy, unilateral divorce and child marriage.
Campaigners say the “triple talaq” practice is
unconstitutional because it violates the right to equality.
National Commission of Women
(NCW) : Triple talaq was a “highly misused” custom and Government should scrap
it to protect the rights of Muslim women The
‘triple talaq’ has been abolished in 21 Islamic theocratic countries including
Pakistan. SC has declared practice of
triple talaq unconstitutional, illegal and void and not protected by Article 25
(Freedom of Religion).
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