Triple Talaq issue
" TRIPLE TALAQ"
India's Supreme Court on Tuesday banned "triple talaq", or instant divorce, practised by some in the Muslim community, saying it is "unconstitutional".
Triple talaq is the practice under which a Muslim man can divorce his wife by simply uttering "talaq" three times. It is prevalent among India's Muslim community majority of whom follow the Hanafi Islamic school of law.This mode of divorce is not universal among Muslims across the world, as many other Islamic schools of thought prefer the divorce process to be deferred, in many cases over a period of three months.
The government has cited the example of many predominantly Muslim countries, including Pakistan, that have banned triple talaq.It has generated debate around the rights of Muslim women as the issue of divorce, marriage, and inheritance come under the purview of the Muslim Personal Laws. India has a provision for personal laws for all religious communities.
But the All India Muslim Personal Law Board (AIMPLB), a non-governmental organisation that aims to educate Muslims on the protection and application of Islamic laws, has opposed the move to ban triple talaq and polygamy. The latter is illegal in India.Islam considers marriage as a contract and it has laid down procedures on how to annul it.
A woman can seek divorce under what is called as "khula", while the husband can end the marriage by pronouncing talaq thrice, after which arbitration is required.
But activists have highlighted the misuse of instant divorce by men as a reason to ban it. Cases of husbands divorcing their wives through text messages and over phones have come to light.
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