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Posted Oct 2017
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~~TRIPLE TALAAQ SHOULD BE BANNED IN INDIA OR NOT?
Firstly we should know the concept of triple talaaq. According to Muslim law triple talaaq is a unilateral divorce which says Men are maintainers of women, because Allah has made some of them to excel others and because they spend out of their property (on their maintenance and dower). When the husband exercises his right to pronounce divorce, technically this is known as talaaq. The most remarkable feature of Muslim law of talaaq is that all the schools of the Sunnis and the Shias recognize it differing only in some details. In Muslim world, so widespread has been the talaaq that even the Imams practiced it. The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaaq; how he does it, when he does it, or in what he does it is not very essential.
As we have read above that triple talaaq is an absolute power of a Muslim husband of divorcing his wife unilaterally this means that this law gives more power to Muslim men which directly reduces the powers of women in the process of triple talaaq. In country like Pakistan, Bangladesh and Srilanka etc. which has major number of Muslim population, triple talaaq is banned. On the other hand in countries like India it is allowed under Muslim law.
In India petitions against triple talaaq is raising day by day, earlier this month, the women’s movement collected more than 50,000 signatures, calling for a nationwide ban on instant divorces. There are many cases like – shayara bano case, afreen rehman case and many more in which women get talaaq on whatsapp,speed post or by many other means, these type of practices are raising day-by-day because of which women has to suffer a lot. In number of cases women don’t even get the meher amount by their husband and also separated from their son and daughters. According to article14 of Indian constitution all men and women should be treated equally and this law on triple talaaq directly revoke article 14. There should be some reforms in triple talaaq law, women should also be given powers to take the decision of her married life and procedure of triple talaaq should be followed strictly.
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