TRIPLE TALAQ

Name:- Jay Prajapati.

Subject:- Indian constitution.
Year:- S.Y. Branch:- I.T.
Enrollment No.:- 190410116114.
 TYPES OF TALAQ
Talaq-e-Ahsan: In single Sentence.
Talaq-e-Hassan: There must be 3 successive pronouncements of
talaq.
Talaq-e-biddah: Triple Talaq, (instant talaq), i.e. by saying “I divorce
thee” thrice at the same time instant.
What is Triple Talaq?
Triple talaq Known as Talaq-e-biddah, instant divorce which has
been used by Muslims in india, espiceally adherents of Hanafi Sunni
Islamic Schools of jurisprudence.
It allowed any Muslim man to legally divorce his wife by stating the
word Talaq (The arebic word for “divorce”) three times in oral,
written, or more recently, electronic form.
Controversy, Debate and Judgement
On 22 August 2017, the Indian Supreme Court deemed instant
triple talaq(talaq-e-biddah) unconstitutional. Three of five judges in
panel concurred that the practice of triple talaq is unconstitutional.
The remaining two declared the practice to be constitutional while
simultaneously asking the government to ban the practice by
enacting a law.
The Indian Parliament passed Muslim women (protection of rights
on marriage) bill,2019 with 99 votes in its favour and 84 against it on
30 july 2019.
PUNISHMENT For Pronouncing Triple
Talaq
According to Clause 3 in chapter 2 of bill, “Any pronouncement of
talaq by a person upon his wife, by words, either spoken or written
or in electronic form or any other manner whatever, shall be void
and illegal. And whoever pronounces triple talaq upon his wife shall
be punished with imprisonment for a term which may extended to 3
years and fine”.
The law also makes triple talaq a cognizable and non-bailable
offence.
It has Violation of fundamental rights like Article 14(right to
equality), Article 21(right to life & liberty) and Article 44(uniform civil
code).
THANK
YOU.