Page 1 of 6
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online:https://ejbss.org/ P a g e | 1043
Triple Talaq: A Critical Reflection On Contemporary Rules & Practices
Ms. Raj Rani
LLM & NET, Research Scholar, Department of Law, M.D. University, Rohtak (HR)
ABSTRACT: Aristotle defines human being as a social animal. He maintains that a human who
doesn’t require society must be either God or Beast. Therefore, human being is social by
nature and he/she is supposed to perform certain duties and enjoys right as well. From
beginning all human need to live in society and in society we live with relation. Marriage is
one of the most important relations to our existence. In marriage, both partners have their
right and duty but some time one of them got exorbitance advantage of some bad tradition.
In Muslim triple talaq is one of those kind malpractices. India is a secular country and any
religion or any individual is not above form it. Our constitution gave the right to live life with
dignity to all citizens. But some religion contractor thing that they are superior then any law
and that is why they applicable some bad custom in there a religion for their own benefit.
Triple talaq is that kind of mischief in Muslim. In the modern world, some drastic change has
happened in all religion. In India, our society is also changed. Young man and women are not
tolerating inhuman tradition in their religion. They raise their voice against bad law and file
case in court. People pressurize the government to change malpractice and make good law
which benefits them to grow as a perfect society. In 2018 the supreme court of India has ban
triple talaq in “Shayara Bano case”.
Keywords: Quran, Triple Talaq, Iddet, Nikah , Talqaq-e-Biddat, Divorce, Talaq, Nikha-nama,
Ila, Zihar,Talaq-ul-Sunnat.
Perspectives on Marriage and Divorce: In any religion marriage is an essential condition for
their survival. As so in a Muslim marriage is also a part of Muslim culture. It is contract but it
is also a sacred covenant. Marriage as an institution leads to the uplift of man and is a means
for the continuance of the human race. The main aim of the institution of marriage is to
Page 2 of 6
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online:https://ejbss.org/ P a g e | 1044
protect the society from foulness and unchastely. It has also been said that marriage is so
holy a sacrament, that in this world it is an act of Ibadat or worship, for it preserves mankind
free from pollution. It means if a man can take care of their children and wife so he should
be done marriage. In a Muslim marriage is called "Nikah". Many of their scholars have
defined marriage as "a contract for the purpose of legalizing sexual intercourse, and
procreation of children". There is a consensus of Muslim jurists that marriage is Sunnat
Muwakkida. A Sunnat Muwakkida is defined, "the person who complies with it, is rewarded
in the next world, and he who does not commit a sin". In a marriage, there is some purpose
and object prevails. The main object of Muslim marriage is a restraint of sexual passion; the
ordering of domestic life; the increase of the family; the discipline of the same in the care
and responsibility of wife and children; and the upbringing of virtuous children. So after
observed all thought, we can say that in Muslim marriage is very much important as any
religion. In Muslim, a different practice is also there like polygamy. In the past time, many
religions have that kind of polygamy but in present time only Muslim have polygamy in their
marriage institution and because of that many problems arise regarding wife maintenance,
divorce, child custody, etc. But after that, some dispute is openly questioning about equality
among man and woman in marriage institution on the way of divorce. In Muslim divorce is
the way of termination of a marriage. Holy Quran permits divorce partly because of some
countenance to customs and partly to enable men to get rid of an odious union. Prophet
Mohammad restrained the power of divorce and gave to the woman the right of obtaining
separation on reasonable grounds. The Prophet is reported to have said, "If a woman is
prejudiced by a marriage, let it be broken off".
Triple Talaq Philosophy and Contemporary Practice: Marriage is an essential process for
the development of society, and which part of the process is on divorce. Not necessarily
divorce is an essential part of every marriage, but when differences in marriage increase so
much that there is hardship in moving ahead with each other only one or both of the
husbands or wives can get divorced to live life in a normal way by mutual consent. Marriage
is considered a religious process, according to the customs of every religion; this matrimonial
process has been completed. Similarly, in these religions, the process of divorce is adopted.
Page 3 of 6
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online:https://ejbss.org/ P a g e | 1045
In Hinduism, divorce was not recognized in the past but in Muslim religion, it is recognized
almost from the beginning. According to Muslim customs, divorce can be done in many
ways, whether it is Ila and Zihar, whether it is Talaq-ul-Sunnat and Talaq-ul-Biddat. In the
Muslim community, the most controversial way of divorce is Talaq-ul-Bibbat. It also knows as
Triple talaq. There is also a way to exploit men on women.
Talaq-e-Biddat is also commonly called triple Talaq because in this process husband saying
three times Talaq, Talaq, and Talaq at the same time, the process of divorce is considered to
be complete. There is no need to take any consent from the woman and it is completely. And
it is also irrevocable. It has also been seen that the husband has given divorce to his wife by
writing three Talaq on the mobile or on the e-mail. After the completion of the divorce
process and unlike the Hindu Marriage Act, Muslim women are not entitled to receive any
alimony. Only during Iddat Muslim husband is liable to maintain his wife and children. There
is no responsibility for the husbands after completion of Iddat. But there is a case in Indian
history wherein Muslim woman has been entitled to maintenance from her husband after
Iddat. It is usually referred to as "Shah Bano case". Shahbano was a 62-year-old woman who
was from Indore; her husband divorced her in 1978. At the time, she had five children, she
pleaded for her husband's alimony, but her husband told to the court that in the Muslim
customs, the maintenance of wife is only in Iddat period. This is only 3 months 10 days. After
Iddat Muslim husband is not obliged to pay maintenance of any kind to his wife. The matter
reached the Supreme Court of India and in Supreme Court of India, Shah Bano Begum said
that Section 125 of the Cr.P.C is proved the right to take alimony from her husband to all
religion women. And the Supreme Court has given Shahbano Begum under Section 125 of
the Cr.P.C to get the right to receive alimony. Supreme Court ordered his husband to give
him alimony under Section 125 of the Cr.P.C. Taking inspiration from Shahbano Begum, Saira
Bano also raised a voice against another malpractice of the Muslims in the Supreme Court in
the year 2017. Shayara Bano was married to Rizwan Ahmed for 15 years. In 2016, he
divorced her through instantaneous triple talaq (talaq-e-biddat). She filed a Writ Petition in
the Supreme Court asking it to hold three practices talaq-e-biddat, polygamy and nikah- halala unconstitutional as they violate Articles 14, 15, 21, 25 of the Constitution.
