Abolition of Triple Talaq-starus of Muslims Women Simran Gupta

b. After effectsof abolitions of trip l e talaq

R ESU LTS
Challenges for Abolition Triple Talaq
In India, perso nal laws are provided for all religious commu nities. Traditional practise is
prohibited because it interferes with mi norities' re ligious characteristics, according to religious
organisa tions. It raised the question of Muslim women's rights to marry, divorce, and inh erit under
the Personal Law. When a Mu slim organ isation, Bha ratiya Muslim Ma hila Andola n (BM MA),
launched a campaign to outlaw triple talaq and Nikah Halala, the subject gained media attention.
BM MA fu rt her stated that t hey have received nu merous com pl aints rega rding the misuse of h e
oral talaq procedure.

Men freq uently feel that t heir actions are sanctioned by t he Quran. However, it is not add ressed
in the Quran, and Muslim legal authorities oppose it.

Triple Talaq has a negative im pact on Muslim women's lives. Polygamy is encouraged i n our
wicked cultu re, as is mental insecurity and the prospect of fast divorce. It has been interpreted as male
dominance over fema les. As a result, it violates gender equality, women's empowerment, wome n's
dignity, justice, and hu man rights. Muslim men threaten t heir wives wit h triple talaq in minor
matters. Women and ch i l dren's lives are dest royed as a result of th is.

In t he recent years, with t h e improvement of new in novation s., t he custom under t hought in
India has gone th rough specific cha nges. The improvement of advancements doesn't even out
customa ry practices, in any case, on the di fference it adds to their fu rther improvement or even
abuse·simila r to the case with the Muslim "separate from recipe" - a sort of distorted modernization.
As per the standards of Sharia, spouses are obliged to articulate "talaq" before witnesses or possib l y
with in t he sight of a spouse.Simultaneously. t here arc regular situations when men send an instant
message with the content "talaq, talaq, talaq", or then again a comparable message in cou riers lik
e WhatsA pp, Sk ype, and so on.

The main objective of t his bill is to assist in ensu ring the larger Con stitutiona l goa ls of sexual
orientation equity a nd sex u niformity for ma rried Muslim women, as well as supporting and
strengt hening their major privileges of non-separa tion.

Separating t hrough moment Triple Talaq will be i llegal, void, and pun ish able by a th ree-year
prison sentence for t he husband under the Muslim Women (Protectio n of Rights on Marriage)
Ordinance, 2019. To prevent the proposed law from being abused, some safegua rds have been
introduced. There is currently a bail provision in place for those who have been accused prior to t he
preliminary hearing. Despite the fact that the statute declares it a "non-bailable" offence, a defen dant
can approach a judge even before prelimina ry to seek bail. Bail cannot be granted by police at the
police h eadquarters in the case of a non-bailable offence. According to the public authority, an
arrangement has been added that allows t he ju dge to grant release "subsequent to hea ring the spouse.

The woman who is the subject of talaq should get a sti pend fro:rn her husband , and she should be in
charge of her children.

I n I ndia, severe slant s arc frequently considered as playing a signi ficant role in dyna mic. It's also a
source of disappoint ment t hat Article 44 of our Constitution has remained dormant. "The State will
endeavor to obtain for t he citizens a standard common code t hrough ou t the territory of I nd ia ," it says.
There is no evidence of any government initiati ve to ou tli ne a standard common code for the cou nt ry.
A view appea rs to have gained traction that it is the Muslim people group's responsi bility to lead in
the area of chan ging t hei r own laws. Because of t he shortfall of uni form common code which is on e

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