Triple Talaq is the most disapproved form of Talaq flouting the cardinal Quranic principles. Majority Muslim nations have explicitly or implicitly banned triple Talaq including our neighbouring country Pakistan.
Triple Talaq can be pronounced at one sitting by uttering the words divorce thrice or ‘I divorce thee thrice’. When given in writing it becomes irrevocable immediately without the necessity of following the Iddat period. Once a couple gets separated they cannot remarry unless the woman marries another man and then divorce him leaving behind no scope for reconciliation.
Versus under Quran emphasizes that every possible attempt must be made for reconciliation between the married couple before the completion of the prescribed period. Thus, Triple Talaq lack sanction of Quran. It is supported by Muslim Jurists solely as per their interpretation of Muslim Personal Law (Shariat Act, 1937) which is silent on Nikaha Halala, polygamy and divorce.
Oppression against woman
Many Muslim woman have challenged the Triple Talaq in the court as against the principle of gender equality claiming their individual right against the their personal law. Men are deserting their wives by uttering three words at their whims and fancies. In most of the cases complained woman are not even aware of the intention of their husband to dissolve the marriage and are taken at surprise when they are thrown out of their matrimonial home for no fault of their own. This is disregarding both as per the Constitution and the Quran.
Women are subject to cruel and unequal treatment in violation of Right to Equality under the Constitution. It is beyond doubt that Supreme Court has power to decide such rights of women when personal law is persistently denying woman the access to their rights. Where does this gender inequality came in Muslim personal law when Gender Justice is a central tenet of Quran? In the Quran, the very conception of humankind is based on an equal footing between man and woman. It is patriarchal order of our society that ruins the lives of women and the tyranny follows.
Need for reform in Personal Law
Any talk of reform in personal law is brushed aside as interference in religious matter with no sympathy for women who have no reason to be abandoned at the husband’s pleasure. Although Supreme Court have ruled against triple Talaq in a series of cases yet there is a long way to go because the problem is deeply rooted in the Muslim community. Here, a husband just to get rid of his wife and for marrying another woman half of his age resort to this easiest method of Talaq. And the Muslim Jurists in India still hold in favour of Triple Talaq.
