TABLE OF CONTENTS

1. Acknowledgement
2. Preface
3. Synopsis
4. Detailed summary of the book:
 An overview of the court proceedings
 Concept of marriage under Muslim law
 Concept of divorce under Muslim law
 The concept of Iddat
 Source of Muslim law
 Schools of Islamic jurisprudence
 Procedure of Talaq as per the holy Quran
 Triple talaq is not a part of Shariat
 Triple talaq should be consider as revocable talaq and implied adjudication
 Position of Talaq-e-biddat in various countries
 The Judgement

5. Characters of the book

6. Legal perspective
7. Individual Perspective
8. Review of the book
9. Conclusion
10. Bibliography.
 ACKNOWLEDGEMENT

Prima Facia, we would like to thank and praise the Almighty, for showering his blessings on
us throughout our research project. We are also grateful for the good health and wellbeing
that was of utmost necessity.
Secondly, we would like to express our deep and sincere gratitude towards our research
guide, Dr. Kiran S. Degan, for giving us the opportunity to research on such a controversial
yet thoughtful topic like “Triple Talaq” that has been gathering the attention of the mass since
2017 and has been one of the greatest concerns of the Indian political system and the Indian
judiciary. Also, we would like to thank her for providing us with invaluable support
throughout our research. It is a matter of great privilege and honour to work and learn under
such guidance and support. We would also like to thank her for showing patience and
empathy. We are indebted to her for sharing her expertise and sincere and valuable
encouragement extended to us.
Not to forget the heartfelt thanks to each of the members of our research project group for
their contributions, hard work, patience and co-ordination in completing the research project
successfully. We are extremely grateful to our well-wishers for their care, prayers and
sacrifices for preparing us for our future. Extending our greatest gratitude to all of our reliable
sources outside the institution who helped us to gather a more detailed information on the
topic and helping us out with the completion of our research project.
We also thank the staff especially the Library of the institution for their kindness and help.
Finally, we place on record, our thanks to all those people who have supported us immensely
to successfully complete this research project indirectly.

Thank you

Zuhaib Habib .

Yash Jain .

Sana Khan .

Shubhi Somesh Pandey .

Anushka Asthana .

Dhairya Jayesh Thakkar .

 Preface
TRIPLE TALAQ: Examining Faith is a book written by Salman Khurshid who
intervened to offer the court as the amicus brief in the landmark case of Shayara
Bano vs. Union Of India pertaining to Triple Talaq who explains the decision made
by the court by making an attempt to dive deep in the concept to overview the other
aspects of the practice. The researchers through his book want to discuss and
illustrate the customary practice of triple talaq commonly known as instantaneous
talaq or talaq- e –biddat by emphasising on the basic principles of talaq and
QUORANIC procedures and provisions of divorce which are approved by the
SHARIAT which are ‘Talaq-ul-Sunnat’, ‘Talaq-e-Hasan’, ‘Talaq-e-Ahsan’, ‘Talaq-
ul-Bain’ and ‘Talaq-e-Tafweez’. Before discussing the customary practice of Talaq
which has been evolved way back in 7th-8th century, it is very important to have a
concept of Islamic marriage or commonly known as `NIKAH’. The Quran as well as
Muslim law describes marriage as a civil contract made between two parties who
intend to marry each other. The contractual freedom in marriage is more aimed at
protecting and safeguarding women from getting exploited by the dominant male
partners. A Nikaah procured in violation of various rules such as: the age, mental
condition, marital status and religion of parties and pre-existing relationship would
be consider as Batil { void ab initio} or Fasid{unlawful but not void}. In turn it can
be made as a ground for divorce.
This research paper also endeavours to eradicate the misconceptions of the status of
Muslim women which are consider as the subject of exploitations. The Muslim law
empowers married Muslim women to get their marriage resolved both privately and
publicly by Khula or Talaq-e-Tafweez {the divorce initiated by Muslim married
women in which the husband has no say but to accept the dissolution}.Even after the
dissolution of lawful marriage she holds the right to be maintained by her husband as
it is obligatory in nature whereas a women dissolving her marriage is not obligated to
maintain her husband. The Muslim women (protection of rights on divorce 1986) Act
is introduced in order to ensure the rights of divorced women who are denied of
maintenance from their husband. Simultaneously the other part of research paper deals
with Shayara bano case before the Constitutional bench presided by Chief Justice J.S.
Khehar with others the namely :Justice Rohinton Nariman, Justice Kurian Joseph,
Justice Abdul Nazeer and Justice U U Lalit. The legal perspective highlighted in
consonance with Articles:13,14,21,25,26 and 44 of the Indian Constitution.
 Synopsis-

Last year’s (i.e. 2017) biggest issue that the people and the government of India had
raised was the issue of Triple Talaq. Triple Talaq or Talaq-e-Bidat has been one of
the most debated issues in the country. Every individual had his or her own
interpretation of the term Talaq. Every other individual had his own way of
interpreting what has been written in the Holy Quran. The basic issue that the people
of the country had with Triple Talaq was that the Rights of Muslim Women were
being violated under the Article 14 of the Indian Constitution that is; Right to
Equality. The Muslim men had been misusing the unilateral practice of non-
revocable divorce just by saying the word Talaq thrice. This violated the rights of
Muslim women as they were not given any opportunity or any way whatsoever to
have say in the matter. This issue was raised to the National level and then the
Supreme Court decided to check the constitutional validity of this practice.
This project offers a straightforward yet comprehensive overview of this
complicated issue. It explains the reasons behind the court’s decision. Tells you what
the Quran actually says. What is followed in other countries. And analyses the
reason why this practice has been struck down.
 Detailed Summary Of the Book-
The book, “Triple Talaq: Examining Faith” has been written by Salman
Khurshid on one of the most burning topic. For almost the past 1400 years, the
practice of Triple Talaq has been making the lives of Muslim women
miserable. The book talks about the validity of Triple Talaq and also puts
forward what the Quran has to say about the given topic. There are various
other things as well, such as the concept of Marriage, concept of Divorce,
Iddat, Sources of Muslim Law, Islamic Schools of Jurisprudence etc that the
book talks about.
Under this heading, we will be taking up one by one each and every thing that
the book has taken up and we will be giving a description of everything in as
much detail as possible.
The book starts by talking about the initial arguments before the court. It
makes clear the position of Mr. Salman Khurshid in the case. He clearly
clarifies in the book that he is not an Amicus Curie 1in the given matter. He is
infact an Amicus Brief 2

An Overview of the Court Proceedings-

The court started the proceedings by discussing the issues and the provisions
of the constitution regarding this matter. The party defending Triple Talaq was
the All India Muslim Personal Law Board (AIMPLB). The person who was
pleading on behalf of the AIMPLB was Mr. Kapil Sibal, senior advocate,
Supreme Court. It was a case that was being handles by the Constitutional
Bench of the Supreme Court of India. The case was being handled by the
vacation bench of the Supreme Court. The Proceedings started on May 11 th,
2017; i.e. the first day of the vacation. It is the Chief Justice of the Supreme
Court that selects the judges for a particular case. It is generally the availability
of the judges that makes him decide who will preside over a case. In the given
case, it happened so that the selected five judges were of five different faiths.
The then Chief Justice, Justice J.S. Khehar was a Sikh, Justice Kurien Joseph
was a Christian from Kerala, Justice Rohinton Fali Nariman was a Parsi,
Justice Uday Umesh Lalit was a Hindu and Justice Abdul Nazeer was a
Muslim. The bench was highly appreciated because of its diversity. But it was
also criticized for being male dominated as the issue in hand was one related to
women and there was no woman in the bench.
During the proceedings, various previous judgements were taken up. They
were discussed, analysed and scrutinised to bring out the gist of the cases. A
lot of references were taken from the Holy Quran. Things were read and
interpreted as to what the Quran actually says. It was checked weather the
Quran actually mentions the practice of Triple Talaq in the manner it is
practiced or not. Laws and regulations of various other countries for the issue
in hand were considered and seen as to how those countries have dealt with it.
It was seen if the whole practice of Talaq is wrong or if there is just one way
or kind of Talaq that is bringing in the problems. There were discussions held

1
Friend Of Court
2
(a person having strong interest in the subject matter who gives vital information and inputs to the court.)
 on the topic of constitutional morality. Discussions on the scope of Personal
Law took place. A demand for the Uniform Civil Code (as stated in our
constitution under Article 44) was made.
After a lot of discussions, the bench of the Five judges gave a judgement that
finally struck down the practice of Talaq-e-Bidat or divorce by saying the
word Talaq thrice in one go. The judgement came in the ratio of 3:2. Where 3
judges held that Talaq must be struck down and 2 ruled that it must not.
Now, we will shift our focus to the various discussions that took place in the
courtroom and see what led the bench to this remarkable decision.

Concept of Marriage under Muslim Law-

Under the Muslim law, Marriage is a defined as a pious Civil Contract. This
hence proves that Islam treats men and women equally in a marriage as it
makes two equal beings members of a contract. The marriage of a man and a
woman depends on an offer from the man and acceptance from the woman in
exchange of a consideration that is called “Meher3” (dower). The Nikah Nama
4
or the contract of marriage specially mentions the amount of Meher that is to
be paid to the bride. A muslim marriage can be of Three types:
 Valid (Sahih)- A marriage that fulfils all the legal requirements is
called a valid marriage.
 Void (Batil)- If two people who are absolutely prohibited to marry
each other end up marrying, such marriage is called a void or a Batil
marriage. Absolute Prohibitions arise from Consanguinity.
 Invalid (Fasid)- At times there are instances that prohibit people from
marrying each other and the people marry nevertheless. But after some
time, those prohibitions are lifted. Marriages arising from such
conditions are called Fasid Marriages.

A Muslim marriage is usually held in the presence of a Qazi5. The Qazi

appoints two witnesses and one advocate. The advocate has to identify the
bride and the ask for her permission in presence of the witnesses. Then all
three of them; the witnesses and the advocate; report the consent of the bride
to the Qazi who then confirms the marriage and gives a certificate to both the
parties that has the signature of the Qazi, the bride, the groom, the witnesses
and the advocates. This completes the marriage of two people under the
Muslim Law.

Concept of Divorce under Muslim Law-

The issue that was reported to the Supreme Court about the Divorce was the
one of Triple Talaq, defined as unilateral, instantaneous and irrevocable
divorce given in one sitting.

3
In Islam, it is the cash or kind that is paid to the bride by the groom in exchange of her consent for the
marriage.
4
It is the document of contract of the Muslim marriage.
5
A magistrate or a judge of the Shariah court.
 It is assumed that this is the only way of divorce that the Muslim Law allows.
But it has to be understood that this is not true. There are other ways as well
that give comparatively better role to the women and some give an equal role
to the women. Under Muslim Law, a marriage is dissolved either by death by a
spouse or by a divorce granted properly. When the dissolution of the tie
proceeds from the husband, it is called TALAQ. Talaq is accepted even in the
absence of witnesses. To be precise, it is accepted without witness under the
Sunni law whereas it is not accepted under the Shia Law. Witnesses here
means two adult males of sound mind.
The Holy Quran clearly states that when things get too bitter between the
husband and wife and things start taking the way for divorce, at least one
person each from the families of the bride and the groom must try to reconcile
the differences and resolve the disputes.

There are various types of divorces in Islam. Some are dominated by Men and
some by women and some give opportunities to both of them. Some of the
known and some lesser known types of divorces in Islam are discussed below.

 Talaq-ul-Sunnat In this husband must pronounce the formula of divorce in

single sentence must do when woman is in a state of purity and must abstain
from conjugal rights. On the lapse of iddat period separation takes effect and
divorce takes place.
 Talaq-e-Tafweez- This is the delegation by the man of his rights to the
woman or further delegating it to an agent even while even while retaining it
to himself.
 Ila- When husband refrains from sexual intercourse with his wife for four
months then it constitutes divorce.
 Zihar If husband likens his wife to his mother or any other female within
prohibited degrees. Then wife is entitled to a judicial divorce.
 Khula- A divorce initiated by the wife in a lieu of a consideration to the
husband.
 Lian- A woman is entitled to divorce on the grounds that her husband has
falsely charged her with adultery.
 Mubarat- This is the divorce by mutual consent. This takes place when the
husband and the wife both agree for the divorce and file for the same.
 Fasq- It allows the wife to get the marriage annulled with the help of qazi
even if the husband is against it.
 Talaq-ul-Biddat -When the husband pronounces Talaq three times in Tuhr
then the marriage is irrevocable.
 Talaq-ul-bain When definite & complete separation takes place parties so
separated cannot remarry without the formality of Halala. This was initiated
to bring down the frequency of divorce in the Arabian countries.

The Concept of Iddat6-

6
The waiting period that a woman has to observe after the dissolution of her marriage before marrying
someone else.
 Iddat is the time period for which a woman cannot marry another man after the
divorce or the death of her husband. This is observed in Islam to get away from the
confusion as to who the father of the child is in case the woman gets pregnant after
the death or divorce. The length of the period of Iddat depends on various
circumstances. The Iddat period for a woman who has been divorced by her husband
is 3 months or Three menstrual cycles if she is not pregnant. And in case she is
pregnant, the period extends till the birth of the child. If the marriage was not
consummated, the woman will not have to observe Iddat after divorce. In case of the
death of a husband, a woman will have to observe Iddat for Four lunar months and
10 days even if the marriage has not been consummated.

Sources Of Muslim Law-

The basic source of the Muslim Law are the divine revelations by Allah to the
Prophet Muhammad and the secondary sources are the Hadiths and Practices
followed by the Prophet himself. These sources are discussed in brief below-

 The Holy Quran- Prophet Mohammad is considered by Muslims to be the

last prophet and messenger by Allah and to him only, Allah revealed the holy
texts which is called Quran. It is believed that the texts of the Quran were
revealed gradually over a period of 23 years. It is thus the words by Allah to
the last prophet for establishing the Islamic society and to guide him in
doing so. This book has the
 The Sunnah7 or Hadith- Prophet Mohammad is considered as the perfect
man in Islam. It is believed what whatever he did was controlled by Allah
himself and there was not even one blemish on his character. Whatever or
however he did something is to be followed by the ummah (The Muslim
people). Sunnah and Hadith are things that were practiced by the Prophet
himself. To get an idea of the religion, people go back and see how the
Prophet used to do things and that only is considered as the correct way of
doing something.
 Ijma and Ijtihad- These are the consensus by the jurists of a particular time
upon some subject matter. These were accepted at a particular time and have
been carried forward as teachings in the future as well.

Schools of Islamic Jurisprudence-

In Islam, unlike any other secular system, various jurists used to made laws. So now,
the Islamic community is divided into various parts which follows some set of rules
and regulations. The people who follow different set of rules are the people who
belong to different schools of Islamic Jurisprudence established by their forefathers.
The various schools are-
 Hanafi
 Hanbali
 Maliki
 Shafii

7
Tradition or way of something.
 Procedure of Talaq as per the Holy Quran-

The Holy Quran never says that three divorces pronounced in a single breath, at one
time will have the effect of three divorces. To this, a number of verses from the
Quran can be found. According to the Quran, a husband has two opportunity to
divorce his wife and reconcile during his lifetime. It is only after the third
pronouncement that the divorce becomes irrevocable. The essence of this is to give
the husband the time to think before he finally decides to divorce his wife. If after
the irrevocable divorce, the couple wants to remarry, in that case, the wife will have
to marry someone else, then will have to divorce that person, observe her Iddat and
then only she can marry that man again. this practice is known as Halala8. Halala
was introduced in Islam to bring down the divorce rate in Arab and to make people
realize that divorce is a big deal and is not supposed to be given just in the heat of
the moment.

Triple Talaq Is Not A Part of The Shariah-

The book time and again has makes clear that the practice of irrevocable divorce by
pronouncing Talaq three times in one sitting has no mention in the primary sources
of Islam, i.e. The Holy Quran and The Sunnah. In fact this is a practice that is highly
condemned by the Prophet himself. There are some practices that come into
existence to meet the exigencies of a particular section. Triple Talaq is one such
practice. It is merely a creation of custom. Most of the Muslim communities and
most of the Muslim countries recognize it as Haram9 and thus it is not of a valid
form.

Triple Talaq should be considered as one revocable Talaq and Implied

Adjudication-

Most of the countries have made provisions that the pronouncement of the word
Talaq thrice in one sitting will only be treated as one Talaq. This view is supported
by a lot of judicial rulings as well. This is the correct view and is the view that is
consonant with the letter and spirit of the Holy Quran and is also clear from many
judicial pronouncements and commentaries from religious leaders and imams. But
this has to be kept in mind that the moment the husband pronounces the word Talaq,
the Iddat period of the wife starts. If the husband has to revoke the marriage, he has
to do that before the end of the Iddat period because after the end of the Iddat period,
the divorce becomes final and irrevocable automatically.

Position of Talaq-e-Biddat in various countries-

In most Muslim countries Talaq-e-biddat is not a valid form of divorce. Most of the
countries have already made provisions and have defined how and under what
8
To make something lawful that is unlawful in itself.
9
Forbidden/ A Sin.
circumstances this practice of Talaq can be practiced. The book has discussed about
the legal provisions of a lot of countries. Some of them have been discussed below.
 EGYPT Concerning certain provision on personal status in Egypt expressly
provides that pronouncement of three talaq will be considered as one.
 IRAQ The law of Personal Status of Iraq states that verbal or gestural
actions must be made before the court and a suit shall be instituted in the
court of Personal Status requesting that the divorce shall be effected.
 SUDAN Sec 360 provided pronouncement of three Talaq shall be considered
as one
 Pakistan Sec 7 of Muslim Family Law Ordinance 1961 provides for the
traditional form of divorce and does not allow for Talaq e Biddat.
 SRI LANKA The marriage and divorce act 1951 as amended upto 2006
provides that a husband intending to divorce his wife shall give notice to
Qazi who further takes the proceedings .

This has to be observed here that the status of the practice of Talaq-e-Biddat in
other countries had an influence on the judges. They felt that since most of the
Islamic countries have given away with the practice of Talaq-e-Biddat, in our
country too this practice can be taken up.

The Judgement-

The judgement of the Triple Talaq case wasn’t something that had unanimous
decision of the judges. Two of the judges were of one opinion and the other three
had their other view of the given case at hand. There were 3 judgements that were
given by the honourable judges of the constitutional bench of the Supreme court.
One judgement was written by Justice JS Khehar which was concurring with Justice
Abdul Nazeer. The second one was written by Justice Kurien Joseph and the third
one by Justice Nariman which was concurring with Justice UU Lalit.
Brief description of the judgements that ware given by the various judges is given
below-
 Justice JS Khehar (Justice Abdul Nazeer concurring) (Minority
Decision)- In his judgement, Justice Khehar said that yes, the practice of
Talaq-e-Biddat is violating the rights of the Muslim women and it must be
put to an end. But what he felt was that the Indian Judiciary is not the right
body to make Personal laws. It is the job of the Legislature. Therefore, in his
decision, he requested the legislature to make laws for the same by keeping
its personal and political motives aside. And by the time the legislature
makes the laws, the practice of Talaq-e-Biddat must be left as it is.
 Justice Kurien Joseph (Majority Decision)- Justice Joseph argued that
what must be taken as the authentic source of Islamic Law. He observed that
since the Quran itself does not support the practice of Talaq-e-Biddat
anywhere, it hence becomes a customary practice. And hence, it is not an
integral part of the religion. Doing away with the said practice will not affect
the religion. And as the Article 25 (2) of the Indian Constitution says that the
state can put reasonable restrictions on religion if it violates someone’s
 rights. Therefore he ruled to abolish the practice of Talaq-e-Biddat as it
violated the rights of the Muslim Women.
  Justices RF Nariman and UU Lalit (Majority Decision)- It was observed
in this decision that the practice of Talaq-e-Biddat enforces instant Talaq and
does not give the wife any chance of having a say. At times, this practice
enforces Talaq even without a valid reason. And as decided in the case of
Shamin Ara, a divorce without a valid reason cannot be granted in our
country. Also the Muslim Personal Law Act, 1937 had done away with such
a Talaq. They also observed that the said practice violates Article 14- Right
To Equality of the India Constitution and hence we ruled to abolish the said
practice.
 Characters of the Book-

The name of the Triple Talaq case is “Shayara Bano vs Union Of India And Ors”.
So, the first character of our research project is Shayara Bano. Then the second
important character of the case is her husband, Rizwan Ahmad. He was the person
who had given Triple Talaq to Shayara Bano which had technically laid the
foundation of this case. Then the most important characters of this case are the five
judges of the Constitutional Bench of the Supreme Court i.e. Justice JS Khehar,
Justice Kurien Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and
Justice Abdul Nazeer. The judges that were there in the bench were of five different
religions. This thing in some way represented the unity in diversity of our country
and this was really appreciated by people. Then comes the most important person of
this book; The Narrator. Salman Khurshid, the writer of the book is the narrator of
this book and he is the one who narrates all the incidents that took place in the court
and he also gives us a background of what actually the Muslim laws say and is also
seen giving some really vital information about Islam that a person has to know to
understand the case.

 Shayara Bano- She was married in April 2001 to the Allahabad-based

property dealer Rizwan Ahmed, she endured domestic violence and physical
torture at the hands of her husband and in-laws, who allegedly demanded
additional dowry and a car from her parents. And then was finally given
Triple Talaq. Ms. Bano was the original petitioner in the case after she
approached the court in 2016 demanding that the talaq-e-biddat pronounced
by her husband be declared as void.
 Rizwan Ahmad- He was the husband of the petitioner Ms. Shayara Bano.
He was the one who tortured her and divorced her and then made her go to
the court.
 Justice JS Khehar- He was the Sikh judge in the bench. He was one of the
dissenting judges and was one of the two who had given the minority
decision. He said that the practice of Triple Talaq is a part of religious laws
and hence cannot be struck down.
 Justice Kurien Joseph- He was the Christian judge in the bench. He ruled
in favor Muslim women to make the practice of Triple Talaq
unconstitutional.
 Justice Rohinton Fali Nariman- He was the Parsi judge in the bench and
had the same opinion as Justice Kurien Joseph.
 Justice Uday Umesh Lalit- He was the Hindu judge and he also had the
same opinion about Triple Talaq as Justice Joseph.
 Justice Abdul Nazeer- He had the same opinion as Justice Khehar and he
gave the decision that Triple Talaq must not be struck down.
 Salman Khursheed- In the given case, Salman Khurshid was the ‘Amicus
Brief’. He was present in the court during the proceedings of the court to
give inputs regarding the subject matter. He is also the narrator of the book
 and he also gives some really important facts that are a must to know if you
really want to know about the case.

Individual Perspectives of the Book-

By Zuhaib Habib-

The book, “Triple Talaq: Examining Faith” by Salman Khurshid is a written account
of the Shayara Bano vs. Union Of India case. The book gives us a detailed account
of what and how took place in the Supreme Court during the proceedings of the
case. It discusses in detail as to what has been written in Quran and what other
primary sources of Islam have to say about Talaq-e-Biddat. The book has been
written by Salam Khurshid based on his personal interpretation of the text of Quran
and on his personal understanding of the Laws of Islam. But what needs to be noted
here is that no one in this world is perfect. Even this account has a few flaws. At
times, the writer has confused a few things that are actually merely customs as to
them being written in the Holy Quran. But, apart from a few glitches, the book is
quite accurate and it explains us what the judges were thinking and why they came
up with their decisions.
It was a great move by Khurshid to prepare an unbiased account of the court
proceedings. This made us know what actually took place in the court room without
actually being there. The book is almost a word by word record of the court
proceedings. The work is a highly professional one and does not beat around the
bush. It comes straight to the point while giving us a brief background of things for a
better understanding. I would highly recommend this book to someone who has an
interest in Personal laws of various religions and to someone who has followed this
issue,

By Sana Khan-

A divorce given by procuring the word talaq three times known as Talaq–e- biddat
leaving no hope for the divorced women to restore her married life which is inhuman
as well as illegal in nature. This Act was declared unconstitutional and punishable
after the judgment came in the case SHAYARA BANO Vs Union of India. The very
practice of talaq-e-biddat was opposed by many Muslim women that can be seen
through the no. Of petitions filed at different level of courts. Every aspect has two
sides; one being the brighter and other being the darker. On the brighter side, we can
hope that this landmark judgement can pave a way to support and uphold the rightful
status of women mentioned both in the Quran and the Constitution of India. On the
other hand we should not be ignorant towards the dark side which is equivalently
important. When we analyse the proposed law i.e. Section 3 and Section 7 of the
Muslim Women (protection of rights on Marriage)Bill 2017 that says “whoever
pronounces talaq referred to in Section 3 upon his wife shall be punished with
imprisonment for a term which may be extended to three years & fine’’ . SECTION
7-`notwithstanding anything contained in the Code of Criminal Procedure, 1973, an
offence punishable under this act shall be cognizable and non-bailable within the
meaning of the said court’’. From this it can be very well inferred that criminal
proceedings for an offence which is cognizable in nature will be initiated by any
person (complainant). Added to this if it satisfies the ingredient of offence then
police are obliged to register FIR and carry out investigation as laid down in case of
LALITA KUMARI VS.GOVT. Of U P. The other area of concern is the offence of
talaq e biddat is `non- compoundable’. One can fail to understand the reason of
making the civil offence to fall under the criminal offence. In the personal laws when
an offence is committed then compensation is to be paid but in this case Punishment
is awarded without safeguarding the rights of husband. On the other hand the
contrast can be seen in2 Section 498 A IPC i.e. cruelty by husband or relative of
husband to a married women which is presently non compoundable can be made
compoundable under certain provisions.

By Shubhi Somesh Pandey-

By Anushka Asthana-

The book triple talaq examining faith basically talks not only about the practice of
talaq being declared as unconstitutional as argued with various articles 14 & 25 but
also that not only talaq-e-biddat but also other forms of recognised talaq like talaq-
ul-sunnat, talaq-e-tafweez, ila, zihar, talaq-ul-bain by Islamic law it is unilateral that
is with the wish of husband nowhere wish of wife of talaq is considered except in
khula where wife has right to iniciate divorce proceedings with the consent of
husband as duly mentioned in nikahnama. Meher which is to be considered as
amount in due of contract of marriage but Prophet Mohammad think it is a token of
respect given to wife on the side of husband. Even he has not divorced any of his
wife. He further prohibits this exercise without the presence of arbiter from both
sides and should be done with reasonable grounds and prior consent of wife to be
taken. In Shariah Islamic source of law considers both equal in the pretext of nikaah
and has no mention of triple talaq. When Shayara Banu case was brought it was
further argued that this is a part of religion as granted by constitution (Article 25) but
it was refuted by saying that constitution guarantess right to freely practice profess
propogade religion but not every religious practice. This practice was strucked down
in ratio 3:2 in a majority judgment and a time of six months to legislation was given
to frame law and make this practice void but surprisingly UP GOVT was the first
state to make law and declare it unconstitutional as many states followed its
footsteps. This law not only brought happiness to the faces of muslim women but
many others also who are not directly affected but indirectly affected like families of
those woman whose husband has abandoned their daughters.
The book also talked about religion is being moulded by politician according to their
evil motives as to make them serve as their vote banks and the real meaning of
words like hindutva and jihad which is not known by many people. They believe in
what is told to them by others they are not able to develop their own mindset.

By Yash Jain-
By Dhairya Jayesh Thakkar-