Triple talaq ordinance
Polity & Governance
20th Sep, 2018
- The Union Cabinet has cleared ordinance to make practice of instant triple talaq a penal offence.
- Continued practice of triple talaq even after annulment by the Supreme Court has been cited as reason behind promulgation of ordinance.
- Triple talaq is a practice in which Muslim men divorce their wives unilaterally by uttering “talaq” three times in quick succession.It is different from the practice of “talaq-ul-sunnat”, which is considered to be the ideal form of dissolution of marriage contract among Muslims.
a. Under the latter form, once the husband pronounces talaq, the wife has to observe a three-month iddat period covering three menstrual cycles during which the husband can arbitrate and re-conciliate with the wife.
b. In case of cohabitation between the couple, during these three months, the talaq is revoked. However, when the period of iddat expires and the husband does not revoke the talaq either expressly or by consummation, the talaq is irrevocable and final.
c. In the practice of talaq-e-biddat, when a man pronounces talaq thrice in a sitting, or through phone, or writes in a talaqnama or a text message, the divorce is considered immediate and irrevocable, even if the man later wishes to re-conciliate.
- In a landmark 3-2 verdict in August 2017, five-judge Constitution bench of Supreme Court had declared centuriesoldpractice of instant triple talaq or talaq-e-biddat
a. Three of five judges of this benchhad termed this practice un-Islamic and arbitrary. They also disagreed with view that triple talaq was an integral partof religious practice.
- In pursuance of SC verdict, Government had managed to get Muslim Women (Protection ofRights on Marriage) Bill, 2017 passed in LokSabha in December 2017 but it got stuck in RajyaSabha.
1. “The move to criminalise instant divorce is a step forward for the rights of Muslim women in India.” Discuss the statement in light of the recent ordinance issued by the government to make practice of instant triple talaq a penal offence.
2. Ordinance route is suited only to very urgent and critical matters for which it is not possible to wait for Parliamentary proceedings. Analyse in context of increased use of ordinance as a replacement for standard parliamentary legislative processes.