Triple Talaq Case Study
DIVORCED FROM EQUALITY
INTRODUCTION
This paper will be mainly focusing on the growing descent of the women in India believing that the practice of triple talaq is being abused coupled with a gist of the history of divorce in Islam and what are the laws in India related to it. Also the opportunity for digital divorce is now leaving women more vulnerable with triple talaq being seen on social media sites such as Facebook, Skype and WhatsApp adding to all standing to long standing cause for reform.
THE CASE OF TRIPLE TALAQ
Talaq, talaq, talaq the three feared words if expressed by a husband with hardly a pause in between could, in under a blink of an eye, singularly bring an end to the conjugal existence of a Muslim woman. However, …show more content…
The method of divorce, i.e., triple talaq, and
2. Inequality of the two sexes in relation to the right to divorce.
These two question are misinterpreted not just by laymen but also the lawmen in the country. The Prophet except in extremely intolerable cases, always discouraged divorce. He thus said that “Divorce shakes the throne of God”. On some another occasion he also said that “Let not the faithful man hate the faithful woman, if he dislikes some of her habits, he may like others”. To set an example, the Prophet never divorced any of his wives .
Discussing the issue of talaq, both the forms- pronouncing talaq thrice at one go and saying talaq after a gap of one month are permissible in Quran but the most supreme form according to all schools of law is to pronounce talaq after a gap of one month thrice which means that the talaq process will be completed in the course of three months. The idea behind such a rule is to try and resolve the dispute and save the marriage between the husband and the wife. While triple talaq in one sitting is permitted but is the worst form of divorce .
How did the Indian Courts interpret Triple …show more content…
The case was significant for several reasons.
1. The Court ordered maintenance with an upper limit of Rs. 500 monthly, under Section 125 of the Code of Criminal Procedure, 1973, which applies to all citizens regardless of caste or religion.
2. It led to the formation of the All India Muslim Personal Law Board in 1973, an organization that sought to preserve and protect the applicability of the Muslim Personal Law (Shariat) Application Act, 1937.
3. The Muslim Women Act (Protection of Rights on Divorce), 1986, was passed amidst great controversy and debate.
Shah Bano’s case brought the need for a secular Uniform Civil Code into the limelight again. To date, however, individual Personal Laws based on religion are still in effect. The case remains a ground-breaking one in Indian divorce law and is often used as a benchmark by the courts . But since triple talaq does not protect women in any way, was the question of absurdity of triple talaq answered?
Status of Muslim Women in Modern
INTRODUCTION
This paper will be mainly focusing on the growing descent of the women in India believing that the practice of triple talaq is being abused coupled with a gist of the history of divorce in Islam and what are the laws in India related to it. Also the opportunity for digital divorce is now leaving women more vulnerable with triple talaq being seen on social media sites such as Facebook, Skype and WhatsApp adding to all standing to long standing cause for reform.
THE CASE OF TRIPLE TALAQ
Talaq, talaq, talaq the three feared words if expressed by a husband with hardly a pause in between could, in under a blink of an eye, singularly bring an end to the conjugal existence of a Muslim woman. However, …show more content…
The method of divorce, i.e., triple talaq, and
2. Inequality of the two sexes in relation to the right to divorce.
These two question are misinterpreted not just by laymen but also the lawmen in the country. The Prophet except in extremely intolerable cases, always discouraged divorce. He thus said that “Divorce shakes the throne of God”. On some another occasion he also said that “Let not the faithful man hate the faithful woman, if he dislikes some of her habits, he may like others”. To set an example, the Prophet never divorced any of his wives .
Discussing the issue of talaq, both the forms- pronouncing talaq thrice at one go and saying talaq after a gap of one month are permissible in Quran but the most supreme form according to all schools of law is to pronounce talaq after a gap of one month thrice which means that the talaq process will be completed in the course of three months. The idea behind such a rule is to try and resolve the dispute and save the marriage between the husband and the wife. While triple talaq in one sitting is permitted but is the worst form of divorce .
How did the Indian Courts interpret Triple …show more content…
The case was significant for several reasons.
1. The Court ordered maintenance with an upper limit of Rs. 500 monthly, under Section 125 of the Code of Criminal Procedure, 1973, which applies to all citizens regardless of caste or religion.
2. It led to the formation of the All India Muslim Personal Law Board in 1973, an organization that sought to preserve and protect the applicability of the Muslim Personal Law (Shariat) Application Act, 1937.
3. The Muslim Women Act (Protection of Rights on Divorce), 1986, was passed amidst great controversy and debate.
Shah Bano’s case brought the need for a secular Uniform Civil Code into the limelight again. To date, however, individual Personal Laws based on religion are still in effect. The case remains a ground-breaking one in Indian divorce law and is often used as a benchmark by the courts . But since triple talaq does not protect women in any way, was the question of absurdity of triple talaq answered?
Status of Muslim Women in Modern