In the mindset of all the Social, Political, Cultural and Economic conundrum, a significant development were take place in the domain of personal laws, specifically the rights of Muslim women and community, and the inherent flaws in having a separate or appropriate system of personal laws. Recently, the government of India is considering, among changes in existing laws, amendments to The Muslim Women (Protection of Rights on Divorce) Act, 1986…
On 12/15/2017, India clears bill that makes Triple Talaq a criminal offence
Moreover, Final decision would be taken by a Group of Ministers (GoM) constituted to draft a law to make triple talaq a criminal offence while the ‘preamble’ of 1986 act will have to be re-drafted since the existing law applies only after the divorce of a Muslim woman. The SC already declared in August 2017 that, talaq-e-biddat as illegal offence. The draft legislation being enacted by the Law and Home ministries, officials said, will not only criminalise instant triple talaq but will also have provisions for imprisonment and fine or both for the offender..
In fact, the Qur’an has made many provisions to ensure the dignity, respect and security of women in the society. In the case of divorce, too many restrictions have been imposed that a man has to think about hundred times before divorcing his wife. In the Quran, the process has been made difficult due to divorces, in which the attempt to save the relationship is to the end, interaction between husband and wife, interaction between the families of both, and reconciliation efforts and this whole divorce divorce.
Government of India is also considering amendments to provisions of Section 125 Code of Criminal Procedure (order for maintenance of wives, children and parents to provide further safeguards to Muslim women. Significantly, India’s SC banned the controversial Islamic divorce practice known as “triple talaq” in a landmark ruling announced, August this year.
The practice, that stretches back over a 1000 years, allows a husband to divorce his wife by simply saying the Arabic word for divorce, talaq, three times. PM Narendra Modi, above judgment of the Hon’ble SC on Triple Talaq is historic and it grants equality to Muslim women and is a powerful measure for women empowerment.. While the BJP Chief Amit Shah described the judgment as the “beginning of a new epoch for women to live with self-respect.”
In August 2017, A five-judge constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of ‘talaq-e-biddat’ is set aside”. The majority judgement pronounced by Justices Kurian Joseph, R F Nariman and U U Lalit did not concur with the CJI and Justice Nazeer’s opinion that ‘triple talaq’ was a part of religious practice and the government should step in and come out with a law..
Despite all of the mentioned concerns, The term is used to signify that after saying divorce three times, then couple cannot be together ever. But reality is something different, Actually the concept of ‘Talaq-e-biddat’ at a time’, does not exist in the Quran or it does not find its place in Quran with exact version and real interpretation.. It is something misinterpreted by the other domain at large scales and invented by people. And this ignorance regarding divorce is still practiced by a huge number of Muslims and they need to be guided by the people or government and it need for massive increase in investment for muslim Men as well as Women education, health, security etc.. Hope to see this implemented in the near prospect.