What is Triple Talaq 

? - SUSHALI SHRUTI
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Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can
severe all marital ties with his wife. Under the Muslim law, Triple Talaq means liberty from the
relationship of marriage, eventually or immediately, where the man, by simply uttering the word
‘talaq’ three times, ends his marriage. This instant divorce is called Triple Talaq, also known as
‘talaq-e-biddat’. It came into vogue during the second century of Islam. It has two forms: (i) the
triple declaration of talaaq made in a period of purity, either in one sentence or in three, (ii) the
other form constitutes a single irrevocable pronouncement of divorce made in a period of tuhr or
even otherwise. This type of talaaq is not recognized by the Shias. This form of divorce is
condemned. It is considered heretical, because of its irrevocability.
 
The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and allowed the
practice of Triple Talaq which gave a Muslim husband special privileges over his wife.
 
What is the Triple Talaq law?
 
Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019, was
passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq a
criminal offence. Shayara Bano, a 35-year-old woman, challenged the practice after getting
divorced under the triple talaq custom. In 2017, the Supreme Court, in a landmark 3-2 verdict,
had struck down instant triple talaq . Three of the five judges on the Constitution Bench had
called the practise un-Islamic and “arbitrary” and disagreed with the view that triple talaq was an
integral part of religious practice. The ruling of SC is truly a watershed moment in women
empowerment movement in India. The court has given progressive thoughts enshrined in the
Constitution precedence over personal law in society.
The Rajya Sabha passed the Bill, with 99 votes in its favour and 84 against it. The Triple Talaq
law makes the instant triple talaq a criminal offence and provides for a jail term of three years for
a Muslim man who commits the crime.
 
The law also makes Triple Talaq a cognisable and non-bailable offence. Introduced in the Lok
Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill replaced
an Ordinance promulgated on February 21, 2019.
 
As the Bill was pending for consideration in the Rajya Sabha and the practice of Triple Talaq
divorce system was continuing, there was an urgent need to take immediate action to prevent
such a practice by making strict provisions in law.

Triple Talaq void and illegal

 
According to Clause 3 in Chapter 2 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”.
 
Punishment for pronouncing Triple Talaq
 
The Clause 3 also states that, “whoever pronounces Triple Talaq upon his wife shall be punished
with imprisonment for a term which may extend to three years and fine”.
 
According to Clause 7 (c) in Chapter 3, “No person accused of an offence punishable under
Triple Talaq law shall be released on bail after the Magistrate, on an application filed by the
accused and after hearing the married Muslim woman upon whom talaq was pronounced, is
convinced that there are reasonable grounds for granting bail to the accused”.
 
Custody of children
 
Clause 6 in Chapter 3 of the Bill states that, “a married Muslim woman shall be entitled to
custody of her minor children in the event of pronouncement of talaq by her husband, in such
manner as may be determined by the Magistrate”.

Talaq-e-biddat refers to a practice of divorce under Muslim personal laws simply by

pronouncing the word 'talaq' thrice in one sitting by a Muslim man to his wife. Such a divorce
was held irrevocable till the Supreme Court declared it unconstitutional.
The ordinance and the bill declares instant triple talaq a cognisable offence. Apprehensions have
been raised over the cognisable nature of the instant triple talaq saying that it provides the ground
for misuse.Factoring in the opposition to the provision, the governemnt tweaked the Bill to state
that only the married woman (victim) or a relative of her can lodge complaint against instant
triple talaq.When the triple talaq bill was introduced for the first time, concerns were also raised
about the rights of the Muslim man over non-bailable nature of the offence. To allay fears, a
provision for bail to the accused was included in the modified bill and the Ordinance
promulgated later.