THE CONSTITUTIONAL VALIDITY OF THE PRACTICE OF TRIPLE TALAQ AMONG MUSLIMS
Journal Title: International Journal of Research in Social Sciences - Year 2017, Vol 7, Issue 7
Abstract
Triple Talaq is a practice of divorce by Muslims in India. It has been a subject of controversy and debates within the community, raising the issues of justice, gender equality and human rights. The Government of India and the Supreme Court of India have been involved in addressing the issues. First, before understanding what triple talaq is, we must understand what a „Nikah‟ (Marriage) stands for in Islam. Nikah is essentially a contract laid down in a „Nikahnama‟ drawn between the husband and the wife. This contract can have conditions and has a compulsory „consideration‟ (Meher) to be paid at the time of the marriage. This consideration is paid by the man to the wife, and can be at time waived off by the woman as per her own will. So the basic difference between a Hindu Marriage and a Muslim Marriage is that for Hindus, marriage is a divine sacrament whereas for Muslims, it is contract drawn between the husband and the wife.2 So to explore the question of triple talaq, one must understand that in Islam, everything is followed as per Sunnah (Deeds of the prophet). Hence, most Muslim women bodies opposing 'triple talaq‟ want the Muslim bodies to adopt „Talaq-e-Sunnah‟ (Divorce as per the Prophet‟s sayings and Quranic dictation) and discard „Talaq-e-Biddah‟ (Divorce as per a later formed mode of divorce which propagates instant divorce).
Authors and Affiliations
Namrata Gupta
Keywords
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